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90_HB0236
750 ILCS 5/601 from Ch. 40, par. 601
Amends the Illinois Marriage and Dissolution of Marriage
Act with respect to a child custody proceeding commenced by a
person other than a parent. Provides that, in determining
whether a child is in the physical custody of one of his
parents, for purposes of determining a nonparental
petitioner's standing to commence the proceeding, the court
shall consider all relevant factors, including the child's
age, the circumstances of the transfer to the nonparental
petitioners including any conditions placed on the transfer
by the transferring parent, the integration of the child into
the petitioner's family setting, whether either parent
voluntarily relinquished custody, whether the father's
paternity has been established, and other factors, with the
weight of each factor to be determined by the court, and the
basis for granting or denying standing included in the
court's decision. Effective immediately.
LRB9001669SMdv
LRB9001669SMdv
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 601.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 601 as follows:
7 (750 ILCS 5/601) (from Ch. 40, par. 601)
8 Sec. 601. Jurisdiction; Commencement of Proceeding.
9 (a) A court of this State competent to decide child
10 custody matters has jurisdiction to make a child custody
11 determination in original or modification proceedings as
12 provided in Section 4 of the Uniform Child Custody
13 Jurisdiction Act as adopted by this State.
14 (b) A child custody proceeding is commenced in the
15 court:
16 (1) by a parent, by filing a petition:
17 (i) for dissolution of marriage or legal
18 separation or declaration of invalidity of marriage;
19 or
20 (ii) for custody of the child, in the county
21 in which he is permanently resident or found; or
22 (2) by a person other than a parent, by filing a
23 petition for custody of the child in the county in which
24 he is permanently resident or found, but only if he is
25 not in the physical custody of one of his parents. In
26 determining whether a child is in the physical custody of
27 one of his parents, the court shall consider all relevant
28 factors, including: the child's age; the circumstances of
29 the transfer to the nonparental petitioners including any
30 conditions placed thereon by the transferring parent;
31 whether the transfer was attributable to economic
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1 hardship or illness; the integration of the child into
2 the family setting of the nonparental petitioner; the
3 length of time the child has spent in the family setting
4 of the nonparental petitioner; whether either or both of
5 the child's parents have voluntarily relinquished custody
6 of the child; and whether the child's father, if not
7 married to the child's mother, has acknowledged that he
8 is the child's father or been declared to be the child's
9 father by a court of competent jurisdiction. The weight
10 to be given each of these factors is in the court's sound
11 discretion. The court shall state in its decision
12 specific findings of fact in support of its decision to
13 grant or deny standing.
14 (c) Notice of a child custody proceeding, including an
15 action for modification of a previous custody order, shall be
16 given to the child's parents, guardian and custodian, who may
17 appear, be heard, and file a responsive pleading. The court,
18 upon showing of good cause, may permit intervention of other
19 interested parties.
20 (d) Proceedings for modification of a previous custody
21 order commenced more than 30 days following the entry of a
22 previous custody order must be initiated by serving a written
23 notice and a copy of the petition for modification upon the
24 child's parent, guardian and custodian at least 30 days prior
25 to hearing on the petition. Nothing in this Section shall
26 preclude a party in custody modification proceedings from
27 moving for a temporary order under Section 603 of this Act.
28 (e) In a custody proceeding involving an out-of-state
29 party, the court, prior to granting or modifying a custody
30 judgment, shall consult the registry of out-of-state
31 judgments to determine whether there exists any
32 communications or documents alleging that the child who is
33 the subject of custody proceedings may have been improperly
34 removed from the physical custody of the person entitled to
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1 custody or may have been improperly retained after a visit or
2 other temporary relinquishment of physical custody. Where,
3 on the basis of such documents or communications contained in
4 the registry of out-of-state judgments, the court determines
5 that the child who is the subject of custody may have been
6 improperly removed or retained, the court shall notify the
7 person or agency who submitted such communications as to the
8 location of the child, as soon as is practicable.
9 (Source: P.A. 87-1255.)
10 Section 99. Effective date. This Act takes effect upon
11 becoming law.