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90_SB0850
750 ILCS 5/610 from Ch. 40, par. 610
Amends the Custody provisions of the Illinois Marriage
and Dissolution of Marriage Act. Makes a stylistic change in
provisions regarding modifications of judgments.
LRB9003456SMdv
LRB9003456SMdv
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 610.
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 610 as follows:
7 (750 ILCS 5/610) (from Ch. 40, par. 610)
8 Sec. 610. Modification.
9 (a) Unless by stipulation of the parties, no motion to
10 modify a custody judgment may be made earlier than 2 years
11 after its date, unless the court permits it to be made on the
12 basis of affidavits that there is reason to believe the
13 child's present environment may seriously endanger seriously
14 his physical, mental, moral or emotional health.
15 (b) The court shall not modify a prior custody judgment
16 unless it finds by clear and convincing evidence, upon the
17 basis of facts that have arisen since the prior judgment or
18 that were unknown to the court at the time of entry of the
19 prior judgment, that a change has occurred in the
20 circumstances of the child or his custodian, or in the case
21 of a joint custody arrangement that a change has occurred in
22 the circumstances of the child or either or both parties
23 having custody, and that the modification is necessary to
24 serve the best interest of the child. In the case of joint
25 custody, if the parties agree to a termination of a joint
26 custody arrangement, the court shall so terminate the joint
27 custody and make any modification which is in the child's
28 best interest. The court shall state in its decision
29 specific findings of fact in support of its modification or
30 termination of joint custody if either parent opposes the
31 modification or termination.
-2- LRB9003456SMdv
1 (c) Attorney fees and costs shall be assessed against a
2 party seeking modification if the court finds that the
3 modification action is vexatious and constitutes harassment.
4 (d) Notice under this Section shall be given as provided
5 in subsections (c) and (d) of Section 601.
6 (Source: P.A. 87-1255.)