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90_HB0970
750 ILCS 5/607 from Ch. 40, par. 607
Amends the custody provisions of the Illinois Marriage
and Dissolution of Marriage Act. Makes a stylistic change in
provisions regarding visitation.
LRB9004817SMdv
LRB9004817SMdv
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 607.
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 607 as follows:
7 (750 ILCS 5/607) (from Ch. 40, par. 607)
8 Sec. 607. Visitation; parents, grandparents, and
9 siblings.
10 (a) A parent not granted custody of the child is
11 entitled to reasonable visitation rights unless the court
12 finds, after a hearing, that visitation would endanger
13 seriously the child's physical, mental, moral or emotional
14 health. If the custodian's street address is not identified,
15 pursuant to Section 708, the court shall require the parties
16 to identify reasonable alternative arrangements for
17 visitation by a non-custodial parent, including but not
18 limited to visitation of the minor child at the residence of
19 another person or at a local public or private facility.
20 (b) (1) The court may grant reasonable visitation
21 privileges to a grandparent, great-grandparent, or sibling of
22 any minor child upon petition to the court by the
23 grandparents or great-grandparents or on behalf of the
24 sibling, with notice to the parties required to be notified
25 under Section 601 of this Act, if the court determines that
26 it is in the best interests and welfare of the child, and may
27 issue any necessary orders to enforce such visitation
28 privileges. Except as provided in paragraph (2) of this
29 subsection (b), a petition for visitation privileges may be
30 filed under this subsection (b) whether or not a petition
31 pursuant to this Act has been previously filed or is
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1 currently pending if one or more of the following
2 circumstances exist:
3 (A) the parents are not currently cohabiting on a
4 permanent or an indefinite basis;
5 (B) one of the parents has been absent from the
6 marital abode for more than one month without the spouse
7 knowing his or her whereabouts;
8 (C) one of the parents is deceased;
9 (D) one of the parents joins in the petition with
10 the grandparents, great-grandparents, or sibling; or
11 (E) a sibling is in State custody.
12 (2)(A) A petition for visitation privileges shall not be
13 filed pursuant to this subsection (b) by the parents or
14 grandparents of a putative father if the paternity of the
15 putative father has not been legally established.
16 (B) A petition for visitation privileges may not be
17 filed under this subsection (b) if the child who is the
18 subject of the grandparents' or great-grandparents' petition
19 has been voluntarily surrendered by the parent or parents,
20 except for a surrender to the Illinois Department of Children
21 and Family Services or a foster care facility, or has been
22 previously adopted by an individual or individuals who are
23 not related to the biological parents of the child or is the
24 subject of a pending adoption petition by an individual or
25 individuals who are not related to the biological parents of
26 the child.
27 (3) When one parent is deceased, the surviving parent
28 shall not interfere with the visitation rights of the
29 grandparents.
30 (c) The court may modify an order granting or denying
31 visitation rights whenever modification would serve the best
32 interest of the child; but the court shall not restrict a
33 parent's visitation rights unless it finds that the
34 visitation would endanger seriously the child's physical,
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1 mental, moral or emotional health.
2 (d) If any court has entered an order prohibiting a
3 non-custodial parent of a child from any contact with a child
4 or restricting the non-custodial parent's contact with the
5 child, the following provisions shall apply:
6 (1) If an order has been entered granting
7 visitation privileges with the child to a grandparent or
8 great-grandparent who is related to the child through the
9 non-custodial parent, the visitation privileges of the
10 grandparent or great-grandparent may be revoked if:
11 (i) a court has entered an order prohibiting
12 the non-custodial parent from any contact with the
13 child, and the grandparent or great-grandparent is
14 found to have used his or her visitation privileges
15 to facilitate contact between the child and the
16 non-custodial parent; or
17 (ii) a court has entered an order restricting
18 the non-custodial parent's contact with the child,
19 and the grandparent or great-grandparent is found to
20 have used his or her visitation privileges to
21 facilitate contact between the child and the
22 non-custodial parent in a manner that violates the
23 terms of the order restricting the non-custodial
24 parent's contact with the child.
25 Nothing in this subdivision (1) limits the authority
26 of the court to enforce its orders in any manner
27 permitted by law.
28 (2) Any order granting visitation privileges with
29 the child to a grandparent or great-grandparent who is
30 related to the child through the non-custodial parent
31 shall contain the following provision:
32 "If the (grandparent or great-grandparent, whichever
33 is applicable) who has been granted visitation privileges
34 under this order uses the visitation privileges to
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1 facilitate contact between the child and the child's
2 non-custodial parent, the visitation privileges granted
3 under this order shall be permanently revoked."
4 (e) No parent, not granted custody of the child, or
5 grandparent, or great-grandparent, or sibling of any minor
6 child, convicted of any offense involving an illegal sex act
7 perpetrated upon a victim less than 18 years of age including
8 but not limited to offenses for violations of Article 12 of
9 the Criminal Code of 1961, is entitled to visitation rights
10 while incarcerated or while on parole or mandatory supervised
11 release for that offense, and upon discharge from
12 incarceration for a misdemeanor offense or upon discharge
13 from parole or mandatory supervised release for a felony
14 offense, visitation shall be denied until said person
15 successfully completes a treatment program approved by the
16 court.
17 (Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
18 eff. 6-21-96.)