State of Illinois
92nd General Assembly
Legislation

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92_HB1404

 
                                               LRB9203998WHpc

 1        AN ACT concerning family law.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Marriage  and Dissolution of
 5    Marriage Act is amended by changing Section 607 as follows:

 6        (750 ILCS 5/607) (from Ch. 40, par. 607)
 7        Sec. 607. Visitation.
 8        (a)  A  parent  not  granted  custody  of  the  child  is
 9    entitled to reasonable visitation  rights  unless  the  court
10    finds,  after  a  hearing,  that  visitation  would  endanger
11    seriously  the  child's  physical, mental, moral or emotional
12    health.  If the custodian's street address is not identified,
13    pursuant to Section 708, the court shall require the  parties
14    to   identify   reasonable   alternative   arrangements   for
15    visitation  by  a  non-custodial  parent,  including  but not
16    limited to visitation of the minor child at the residence  of
17    another person or at a local public or private facility.
18        (b) (1)  The   court   may  grant  reasonable  visitation
19    privileges to a grandparent, great-grandparent, or sibling of
20    any  minor  child  upon  petition  to  the   court   by   the
21    grandparents  or  great-grandparents  or  on  behalf  of  the
22    sibling,  with  notice to the parties required to be notified
23    under Section 601 of this Act, if the court  determines  that
24    it is in the best interests and welfare of the child, and may
25    issue   any  necessary  orders  to  enforce  such  visitation
26    privileges.  Except as provided  in  paragraph  (2)  of  this
27    subsection  (b),  a petition for visitation privileges may be
28    filed under this paragraph (1)  whether  or  not  a  petition
29    under  pursuant  to  this Act has been previously filed or is
30    currently  pending  if  one  or   more   of   the   following
31    circumstances exist:
 
                            -2-                LRB9203998WHpc
 1             (A)  the  parents  are not currently cohabiting on a
 2        permanent or an indefinite basis;
 3             (B)  one of the parents has  been  absent  from  the
 4        marital  abode for more than one month without the spouse
 5        knowing his or her whereabouts;
 6             (C)  one of the parents is deceased;
 7             (D)  one of the parents joins in the  petition  with
 8        the grandparents, great-grandparents, or sibling; or
 9             (E)  a sibling is in State custody.
10        (1.5)  The   Court   may   grant   reasonable  visitation
11    privileges to a stepparent upon petition to the court by  the
12    stepparent,  with  notice  to  the  parties  required  to  be
13    notified  under  Section  601  of  this  Act,  if  the  court
14    determines  that  it  is in the best interests and welfare of
15    the child, and may issue  any  necessary  orders  to  enforce
16    those  visitation  privileges.    A  petition  for visitation
17    privileges may be filed under this paragraph (1.5) whether or
18    not a petition pursuant to this Act has been previously filed
19    or is currently pending if the  following  circumstances  are
20    met:
21             (A)  the child is at least 12 years old;
22             (B)  the  child resided continuously with the parent
23        and stepparent for at least 5 years;
24             (C)  the parent is deceased or is  disabled  and  is
25        unable to care for the child;
26             (D)  the  child wishes to have reasonable visitation
27        with the stepparent; and
28             (E)  the stepparent  was  providing  for  the  care,
29        control, and welfare to the child prior to the initiation
30        of the petition for visitation.
31        (2)(A)  A petition for visitation privileges shall not be
32    filed  pursuant  to  this  subsection  (b)  by the parents or
33    grandparents of a putative father if  the  paternity  of  the
34    putative father has not been legally established.
 
                            -3-                LRB9203998WHpc
 1        (B)  A  petition  for  visitation  privileges  may not be
 2    filed under this subsection (b)  if  the  child  who  is  the
 3    subject  of the grandparents' or great-grandparents' petition
 4    has been voluntarily surrendered by the  parent  or  parents,
 5    except for a surrender to the Illinois Department of Children
 6    and  Family  Services  or a foster care facility, or has been
 7    previously adopted by an individual or  individuals  who  are
 8    not  related to the biological parents of the child or is the
 9    subject of a pending adoption petition by  an  individual  or
10    individuals  who are not related to the biological parents of
11    the child.
12        (3)  When one parent is deceased,  the  surviving  parent
13    shall  not  interfere  with  the  visitation  rights  of  the
14    grandparents.
15        (c)  The  court  may  modify an order granting or denying
16    visitation rights of a  parent  whenever  modification  would
17    serve  the  best  interest  of the child; but the court shall
18    not restrict a parent's visitation  rights  unless  it  finds
19    that  the  visitation  would  endanger  seriously the child's
20    physical, mental, moral or emotional health.  The  court  may
21    modify  an  order  granting,  denying, or limiting visitation
22    rights of a grandparent, great-grandparent, or sibling of any
23    minor child whenever a change of circumstances  has  occurred
24    based  on  facts occurring subsequent to the judgment and the
25    court  finds  by  clear  and  convincing  evidence  that  the
26    modification is in the best interest of the minor child.
27        (d)  If any court has  entered  an  order  prohibiting  a
28    non-custodial parent of a child from any contact with a child
29    or  restricting  the  non-custodial parent's contact with the
30    child, the following provisions shall apply:
31             (1)  If  an  order   has   been   entered   granting
32        visitation  privileges with the child to a grandparent or
33        great-grandparent who is related to the child through the
34        non-custodial parent, the visitation  privileges  of  the
 
                            -4-                LRB9203998WHpc
 1        grandparent or great-grandparent may be revoked if:
 2                  (i)  a  court  has entered an order prohibiting
 3             the non-custodial parent from any contact  with  the
 4             child,  and  the grandparent or great-grandparent is
 5             found to have used his or her visitation  privileges
 6             to  facilitate  contact  between  the  child and the
 7             non-custodial parent; or
 8                  (ii)  a court has entered an order  restricting
 9             the  non-custodial  parent's contact with the child,
10             and the grandparent or great-grandparent is found to
11             have  used  his  or  her  visitation  privileges  to
12             facilitate  contact  between  the  child   and   the
13             non-custodial  parent  in a manner that violates the
14             terms of the  order  restricting  the  non-custodial
15             parent's contact with the child.
16             Nothing in this subdivision (1) limits the authority
17        of  the  court  to  enforce  its  orders  in  any  manner
18        permitted by law.
19             (2)  Any  order  granting visitation privileges with
20        the child to a grandparent or  great-grandparent  who  is
21        related  to  the  child  through the non-custodial parent
22        shall contain the following provision:
23             "If the (grandparent or great-grandparent, whichever
24        is applicable) who has been granted visitation privileges
25        under  this  order  uses  the  visitation  privileges  to
26        facilitate contact between  the  child  and  the  child's
27        non-custodial  parent,  the visitation privileges granted
28        under this order shall be permanently revoked."
29        (e)  No parent, not granted  custody  of  the  child,  or
30    grandparent,  or great-grandparent, or stepparent, or sibling
31    of any minor child, convicted of  any  offense  involving  an
32    illegal  sex act perpetrated upon a victim less than 18 years
33    of age including but not limited to offenses  for  violations
34    of  Article  12  of the Criminal Code of 1961, is entitled to
 
                            -5-                LRB9203998WHpc
 1    visitation rights while  incarcerated  or  while  on  parole,
 2    probation,  conditional  discharge, periodic imprisonment, or
 3    mandatory supervised  release  for  that  offense,  and  upon
 4    discharge  from  incarceration  for  a misdemeanor offense or
 5    upon discharge from parole, probation, conditional discharge,
 6    periodic imprisonment, or mandatory supervised release for  a
 7    felony  offense,  visitation shall be denied until the person
 8    successfully completes a treatment program  approved  by  the
 9    court.
10        (f)  Unless  the  court determines, after considering all
11    relevant factors, including but  not  limited  to  those  set
12    forth  in  Section  602(a),  that  it  would  be  in the best
13    interests of the child to allow visitation, the  court  shall
14    not  enter  an order providing visitation rights and pursuant
15    to a motion to  modify  visitation  shall  revoke  visitation
16    rights  previously  granted to any person who would otherwise
17    be entitled to petition  for  visitation  rights  under  this
18    Section  who has been convicted of first degree murder of the
19    parent, grandparent, great-grandparent,  or  sibling  of  the
20    child  who  is  the  subject of the order.  Until an order is
21    entered pursuant to this subsection, no person  shall  visit,
22    with  the  child  present, a person who has been convicted of
23    first   degree   murder   of   the    parent,    grandparent,
24    great-grandparent,  or  sibling  of  the  child  without  the
25    consent  of the child's parent, other than a parent convicted
26    of  first  degree  murder  as  set  forth  herein,  or  legal
27    guardian.
28        (g)  If an order has been entered limiting, for cause,  a
29    minor  child's  contact  or  visitation  with  a grandparent,
30    great-grandparent, or sibling on the grounds that it  was  in
31    the  best  interest  of the child to do so, that order may be
32    modified only upon a  showing  of  a  substantial  change  in
33    circumstances  occurring subsequent to the entry of the order
34    with proof by clear and convincing evidence that modification
 
                            -6-                LRB9203998WHpc
 1    is in the best interest of the minor child.
 2    (Source: P.A. 90-782,  eff.  8-14-98;  90-801,  eff.  6-1-99;
 3    91-357, eff. 7-29-99; 91-610, eff. 8-19-99.)

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