Public Act 90-0782 of the 90th General Assembly
Public Act 90-0782
SB1328 Enrolled LRB9009858RCpc
AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by changing Sections 601, 602, and 607.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 601, 602, and
607 as follows:
(750 ILCS 5/601) (from Ch. 40, par. 601)
Sec. 601. Jurisdiction; Commencement of Proceeding.
(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 4 of the Uniform Child Custody
Jurisdiction Act as adopted by this State.
(b) A child custody proceeding is commenced in the
court:
(1) by a parent, by filing a petition:
(i) for dissolution of marriage or legal
separation or declaration of invalidity of marriage;
or
(ii) for custody of the child, in the county
in which he is permanently resident or found; or
(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
(3) by a stepparent, by filing a petition, if all
of the following circumstances are met:
(A) the child is at least 12 years old;
(B) the custodial parent and stepparent were
married for at least 5 years during which the child
resided with the parent and stepparent;
(C) the custodial parent is deceased or is
disabled and cannot perform the duties of a parent
to the child;
(D) the stepparent provided for the care,
control, and welfare to the child prior to the
initiation of custody proceedings;
(E) the child wishes to live with the
stepparent; and
(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.
(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.
(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
preclude a party in custody modification proceedings from
moving for a temporary order under Section 603 of this Act.
(e) In a custody proceeding involving an out-of-state
party, the court, prior to granting or modifying a custody
judgment, shall consult the registry of out-of-state
judgments to determine whether there exists any
communications or documents alleging that the child who is
the subject of custody proceedings may have been improperly
removed from the physical custody of the person entitled to
custody or may have been improperly retained after a visit or
other temporary relinquishment of physical custody. Where,
on the basis of such documents or communications contained in
the registry of out-of-state judgments, the court determines
that the child who is the subject of custody may have been
improperly removed or retained, the court shall notify the
person or agency who submitted such communications as to the
location of the child, as soon as is practicable.
(Source: P.A. 87-1255.)
(750 ILCS 5/602) (from Ch. 40, par. 602)
Sec. 602. Best Interest of Child.
(a) The court shall determine custody in accordance with
the best interest of the child. The court shall consider all
relevant factors including:
(1) the wishes of the child's parent or parents as
to his custody;
(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the
child with his parent or parents, his siblings and any
other person who may significantly affect the child's
best interest;
(4) the child's adjustment to his home, school and
community;
(5) the mental and physical health of all
individuals involved;
(6) the physical violence or threat of physical
violence by the child's potential custodian, whether
directed against the child or directed against another
person;
(7) the occurrence of ongoing abuse as defined in
Section 103 of the Illinois Domestic Violence Act of
1986, whether directed against the child or directed
against another person; and
(8) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child.
In the case of a custody proceeding in which a stepparent
has standing under Section 601, it is presumed to be in the
best interest of the minor child that the natural parent have
the custody of the minor child unless the presumption is
rebutted by the stepparent.
(b) The court shall not consider conduct of a present or
proposed custodian that does not affect his relationship to
the child.
(c) Unless the court finds the occurrence of ongoing
abuse as defined in Section 103 of the Illinois Domestic
Violence Act of 1986, the court shall presume that the
maximum involvement and cooperation of both parents regarding
the physical, mental, moral, and emotional well-being of
their child is in the best interest of the child. There
shall be no presumption in favor of or against joint custody.
(Source: P.A. 87-1186; 88-409.)
(750 ILCS 5/607) (from Ch. 40, par. 607)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is
entitled to reasonable visitation rights unless the court
finds, after a hearing, that visitation would endanger
seriously the child's physical, mental, moral or emotional
health. If the custodian's street address is not identified,
pursuant to Section 708, the court shall require the parties
to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not
limited to visitation of the minor child at the residence of
another person or at a local public or private facility.
(b) (1) The court may grant reasonable visitation
privileges to a grandparent, great-grandparent, or sibling of
any minor child upon petition to the court by the
grandparents or great-grandparents or on behalf of the
sibling, with notice to the parties required to be notified
under Section 601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may
issue any necessary orders to enforce such visitation
privileges. Except as provided in paragraph (2) of this
subsection (b), a petition for visitation privileges may be
filed under this paragraph (1) subsection (b) whether or not
a petition pursuant to this Act has been previously filed or
is currently pending if one or more of the following
circumstances exist:
(A) the parents are not currently cohabiting on a
permanent or an indefinite basis;
(B) one of the parents has been absent from the
marital abode for more than one month without the spouse
knowing his or her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with
the grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(1.5) The Court may grant reasonable visitation
privileges to a stepparent upon petition to the court by the
stepparent, with notice to the parties required to be
notified under Section 601 of this Act, if the court
determines that it is in the best interests and welfare of
the child, and may issue any necessary orders to enforce
those visitation privileges. A petition for visitation
privileges may be filed under this paragraph (1.5) whether or
not a petition pursuant to this Act has been previously filed
or is currently pending if the following circumstances are
met:
(A) the child is at least 12 years old;
(B) the child resided continuously with the parent
and stepparent for at least 5 years;
(C) the parent is deceased or is disabled and is
unable to care for the child;
(D) the child wishes to have reasonable visitation
with the stepparent; and
(E) the stepparent was providing for the care,
control, and welfare to the child prior to the initiation
of the petition for visitation.
(2)(A) A petition for visitation privileges shall not be
filed pursuant to this subsection (b) by the parents or
grandparents of a putative father if the paternity of the
putative father has not been legally established.
(B) A petition for visitation privileges may not be
filed under this subsection (b) if the child who is the
subject of the grandparents' or great-grandparents' petition
has been voluntarily surrendered by the parent or parents,
except for a surrender to the Illinois Department of Children
and Family Services or a foster care facility, or has been
previously adopted by an individual or individuals who are
not related to the biological parents of the child or is the
subject of a pending adoption petition by an individual or
individuals who are not related to the biological parents of
the child.
(3) When one parent is deceased, the surviving parent
shall not interfere with the visitation rights of the
grandparents.
(c) The court may modify an order granting or denying
visitation rights whenever modification would serve the best
interest of the child; but the court shall not restrict a
parent's visitation rights unless it finds that the
visitation would endanger seriously the child's physical,
mental, moral or emotional health.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child
or restricting the non-custodial parent's contact with the
child, the following provisions shall apply:
(1) If an order has been entered granting
visitation privileges with the child to a grandparent or
great-grandparent who is related to the child through the
non-custodial parent, the visitation privileges of the
grandparent or great-grandparent may be revoked if:
(i) a court has entered an order prohibiting
the non-custodial parent from any contact with the
child, and the grandparent or great-grandparent is
found to have used his or her visitation privileges
to facilitate contact between the child and the
non-custodial parent; or
(ii) a court has entered an order restricting
the non-custodial parent's contact with the child,
and the grandparent or great-grandparent is found to
have used his or her visitation privileges to
facilitate contact between the child and the
non-custodial parent in a manner that violates the
terms of the order restricting the non-custodial
parent's contact with the child.
Nothing in this subdivision (1) limits the authority
of the court to enforce its orders in any manner
permitted by law.
(2) Any order granting visitation privileges with
the child to a grandparent or great-grandparent who is
related to the child through the non-custodial parent
shall contain the following provision:
"If the (grandparent or great-grandparent, whichever
is applicable) who has been granted visitation privileges
under this order uses the visitation privileges to
facilitate contact between the child and the child's
non-custodial parent, the visitation privileges granted
under this order shall be permanently revoked."
(e) No parent, not granted custody of the child, or
grandparent, or great-grandparent, or stepparent, or sibling
of any minor child, convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years
of age including but not limited to offenses for violations
of Article 12 of the Criminal Code of 1961, is entitled to
visitation rights while incarcerated or while on parole,
probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for that offense, and upon
discharge from incarceration for a misdemeanor offense or
upon discharge from parole, probation, conditional discharge,
periodic imprisonment, or mandatory supervised release for a
felony offense, visitation shall be denied until the said
person successfully completes a treatment program approved by
the court.
(Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
eff. 6-21-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.