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| Public Act 093-1026 |
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AN ACT concerning family law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Marriage and Dissolution of | ||||
Marriage Act is amended by changing Section 601 as follows:
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(750 ILCS 5/601) (from Ch. 40, par. 601)
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Sec. 601. Jurisdiction; Commencement of Proceeding.
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(a) A court of this State competent to decide child custody | ||||
matters has
jurisdiction to make a child custody determination | ||||
in original or modification
proceedings as provided in Section | ||||
201 of the Uniform
Child-Custody Jurisdiction and Enforcement | ||||
Act as
adopted by this State.
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(b) A child custody proceeding is commenced in the court:
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(1) by a parent, by filing a petition:
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(i) for dissolution of marriage or legal | ||||
separation or declaration
of invalidity of marriage; | ||||
or
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(ii) for custody of the child, in the county in | ||||
which he is
permanently resident or found;
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(2) by a person other than a parent, by filing a | ||||
petition for
custody of the child in the county in which he | ||||
is permanently resident
or found, but only if he is not in | ||||
the physical custody of one of his
parents; or
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(3) by a stepparent, by filing a petition, if all of | ||||
the following
circumstances are met:
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(A) the child is at least 12 years old;
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(B) the custodial parent and stepparent were | ||||
married for at least 5
years during which the child | ||||
resided with the parent and stepparent;
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(C) the custodial parent is deceased or is disabled | ||||
and cannot perform
the duties of a parent to the child;
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(D) the stepparent provided for the care, control, | ||||
and welfare to the
child prior to the initiation of | ||
custody proceedings;
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(E) the child wishes to live with the stepparent; | ||
and
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(F) it is alleged to be in the best interests and | ||
welfare of the
child to live with the stepparent as | ||
provided in Section 602 of this Act. | ||
(4) When one of the parents is deceased, by a | ||
grandparent who is a parent or stepparent of a deceased | ||
parent, by filing a petition, if one or more of the | ||
following existed at the time of the parent's death: | ||
(A) the surviving parent had been absent from the | ||
marital abode for more than one month without the | ||
deceased spouse knowing his or her whereabouts; | ||
(B) the surviving parent was in State or federal | ||
custody; or | ||
(C) the surviving parent had: (i) received | ||
supervision for or been convicted of any violation of | ||
Article 12 of the Criminal Code of 1961 directed | ||
towards the deceased parent or the child; or (ii) | ||
received supervision or been convicted of violating an | ||
order of protection entered under Section 217, 218, or | ||
219 of the Illinois Domestic Violence Act of 1986 for | ||
the protection of the deceased parent or the child.
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(c) Notice of a child custody proceeding, including an | ||
action
for modification of a previous custody order, shall be | ||
given to the
child's parents, guardian and custodian, who may | ||
appear, be heard, and
file a responsive pleading. The court, | ||
upon showing of good cause, may
permit intervention of other | ||
interested parties.
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(d) Proceedings for modification of a previous custody | ||
order
commenced more than 30 days following the entry of a | ||
previous custody order
must be initiated by serving a written | ||
notice and a copy of the petition
for modification upon the | ||
child's parent, guardian and custodian at least
30 days prior | ||
to hearing on the petition. Nothing in this Section shall
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preclude a party in custody modification proceedings from | ||
moving for a
temporary order under Section 603 of this Act.
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(e) (Blank). | ||
(f) The court shall, at the court's discretion or upon the | ||
request of any party entitled to petition for custody of the | ||
child, appoint a guardian ad litem to represent the best | ||
interest of the child for the duration of the custody | ||
proceeding or for any modifications of any custody orders | ||
entered. Nothing in this Section shall be construed to prevent | ||
the court from appointing the same guardian ad litem for 2 or | ||
more children that are siblings or half-siblings.
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(Source: P.A. 93-108, eff. 1-1-04.)
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