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91_HB1845
LRB9103725SMdv
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 (Text of Section before amendment by P.A. 90-801)
9 Sec. 607. Visitation.
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 paragraph (1) 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 (1.2) Except as provided in paragraph (2) of this
13 subsection (b), the grandparent of a minor child may file a
14 petition for visitation privileges, with notice to parties as
15 required under Section 601, if the grandparent has had an
16 established relationship with the child but has been denied
17 an opportunity to visit the child for more than 90 days
18 preceding the date of filing of the petition. If the court
19 finds that visitation with the grandparent is in the best
20 interests and welfare of the child, the court shall grant
21 reasonable visitation privileges to the grandparent. A
22 petition for visitation privileges may be filed under this
23 paragraph (1.2) whether or not a petition pursuant to this
24 Act has been previously filed or is currently pending.
25 (1.5) The Court may grant reasonable visitation
26 privileges to a stepparent upon petition to the court by the
27 stepparent, with notice to the parties required to be
28 notified under Section 601 of this Act, if the court
29 determines that it is in the best interests and welfare of
30 the child, and may issue any necessary orders to enforce
31 those visitation privileges. A petition for visitation
32 privileges may be filed under this paragraph (1.5) whether or
33 not a petition pursuant to this Act has been previously filed
34 or is currently pending if the following circumstances are
-3- LRB9103725SMdv
1 met:
2 (A) the child is at least 12 years old;
3 (B) the child resided continuously with the parent
4 and stepparent for at least 5 years;
5 (C) the parent is deceased or is disabled and is
6 unable to care for the child;
7 (D) the child wishes to have reasonable visitation
8 with the stepparent; and
9 (E) the stepparent was providing for the care,
10 control, and welfare to the child prior to the initiation
11 of the petition for visitation.
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,
-4- LRB9103725SMdv
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
-5- LRB9103725SMdv
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 stepparent, or sibling
6 of any minor child, convicted of any offense involving an
7 illegal sex act perpetrated upon a victim less than 18 years
8 of age including but not limited to offenses for violations
9 of Article 12 of the Criminal Code of 1961, is entitled to
10 visitation rights while incarcerated or while on parole,
11 probation, conditional discharge, periodic imprisonment, or
12 mandatory supervised release for that offense, and upon
13 discharge from incarceration for a misdemeanor offense or
14 upon discharge from parole, probation, conditional discharge,
15 periodic imprisonment, or mandatory supervised release for a
16 felony offense, visitation shall be denied until the person
17 successfully completes a treatment program approved by the
18 court.
19 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.)
20 (Text of Section after amendment by P.A. 90-801)
21 Sec. 607. Visitation.
22 (a) A parent not granted custody of the child is
23 entitled to reasonable visitation rights unless the court
24 finds, after a hearing, that visitation would endanger
25 seriously the child's physical, mental, moral or emotional
26 health. If the custodian's street address is not identified,
27 pursuant to Section 708, the court shall require the parties
28 to identify reasonable alternative arrangements for
29 visitation by a non-custodial parent, including but not
30 limited to visitation of the minor child at the residence of
31 another person or at a local public or private facility.
32 (b) (1) The court may grant reasonable visitation
33 privileges to a grandparent, great-grandparent, or sibling of
34 any minor child upon petition to the court by the
-6- LRB9103725SMdv
1 grandparents or great-grandparents or on behalf of the
2 sibling, with notice to the parties required to be notified
3 under Section 601 of this Act, if the court determines that
4 it is in the best interests and welfare of the child, and may
5 issue any necessary orders to enforce such visitation
6 privileges. Except as provided in paragraph (2) of this
7 subsection (b), a petition for visitation privileges may be
8 filed under this paragraph (1) whether or not a petition
9 pursuant to this Act has been previously filed or is
10 currently pending if one or more of the following
11 circumstances exist:
12 (A) the parents are not currently cohabiting on a
13 permanent or an indefinite basis;
14 (B) one of the parents has been absent from the
15 marital abode for more than one month without the spouse
16 knowing his or her whereabouts;
17 (C) one of the parents is deceased;
18 (D) one of the parents joins in the petition with
19 the grandparents, great-grandparents, or sibling; or
20 (E) a sibling is in State custody.
21 (1.2) Except as provided in paragraph (2) of this
22 subsection (b), the grandparent of a minor child may file a
23 petition for visitation privileges, with notice to parties as
24 required under Section 601, if the grandparent has had an
25 established relationship with the child but has been denied
26 an opportunity to visit the child for more than 90 days
27 preceding the date of filing of the petition. If the court
28 finds that visitation with the grandparent is in the best
29 interests and welfare of the child, the court shall grant
30 reasonable visitation privileges to the grandparent. A
31 petition for visitation privileges may be filed under this
32 paragraph (1.2) whether or not a petition pursuant to this
33 Act has been previously filed or is currently pending.
34 (1.5) The Court may grant reasonable visitation
-7- LRB9103725SMdv
1 privileges to a stepparent upon petition to the court by the
2 stepparent, with notice to the parties required to be
3 notified under Section 601 of this Act, if the court
4 determines that it is in the best interests and welfare of
5 the child, and may issue any necessary orders to enforce
6 those visitation privileges. A petition for visitation
7 privileges may be filed under this paragraph (1.5) whether or
8 not a petition pursuant to this Act has been previously filed
9 or is currently pending if the following circumstances are
10 met:
11 (A) the child is at least 12 years old;
12 (B) the child resided continuously with the parent
13 and stepparent for at least 5 years;
14 (C) the parent is deceased or is disabled and is
15 unable to care for the child;
16 (D) the child wishes to have reasonable visitation
17 with the stepparent; and
18 (E) the stepparent was providing for the care,
19 control, and welfare to the child prior to the initiation
20 of the petition for visitation.
21 (2)(A) A petition for visitation privileges shall not be
22 filed pursuant to this subsection (b) by the parents or
23 grandparents of a putative father if the paternity of the
24 putative father has not been legally established.
25 (B) A petition for visitation privileges may not be
26 filed under this subsection (b) if the child who is the
27 subject of the grandparents' or great-grandparents' petition
28 has been voluntarily surrendered by the parent or parents,
29 except for a surrender to the Illinois Department of Children
30 and Family Services or a foster care facility, or has been
31 previously adopted by an individual or individuals who are
32 not related to the biological parents of the child or is the
33 subject of a pending adoption petition by an individual or
34 individuals who are not related to the biological parents of
-8- LRB9103725SMdv
1 the child.
2 (3) When one parent is deceased, the surviving parent
3 shall not interfere with the visitation rights of the
4 grandparents.
5 (c) The court may modify an order granting or denying
6 visitation rights whenever modification would serve the best
7 interest of the child; but the court shall not restrict a
8 parent's visitation rights unless it finds that the
9 visitation would endanger seriously the child's physical,
10 mental, moral or emotional health.
11 (d) If any court has entered an order prohibiting a
12 non-custodial parent of a child from any contact with a child
13 or restricting the non-custodial parent's contact with the
14 child, the following provisions shall apply:
15 (1) If an order has been entered granting
16 visitation privileges with the child to a grandparent or
17 great-grandparent who is related to the child through the
18 non-custodial parent, the visitation privileges of the
19 grandparent or great-grandparent may be revoked if:
20 (i) a court has entered an order prohibiting
21 the non-custodial parent from any contact with the
22 child, and the grandparent or great-grandparent is
23 found to have used his or her visitation privileges
24 to facilitate contact between the child and the
25 non-custodial parent; or
26 (ii) a court has entered an order restricting
27 the non-custodial parent's contact with the child,
28 and the grandparent or great-grandparent is found to
29 have used his or her visitation privileges to
30 facilitate contact between the child and the
31 non-custodial parent in a manner that violates the
32 terms of the order restricting the non-custodial
33 parent's contact with the child.
34 Nothing in this subdivision (1) limits the authority
-9- LRB9103725SMdv
1 of the court to enforce its orders in any manner
2 permitted by law.
3 (2) Any order granting visitation privileges with
4 the child to a grandparent or great-grandparent who is
5 related to the child through the non-custodial parent
6 shall contain the following provision:
7 "If the (grandparent or great-grandparent, whichever
8 is applicable) who has been granted visitation privileges
9 under this order uses the visitation privileges to
10 facilitate contact between the child and the child's
11 non-custodial parent, the visitation privileges granted
12 under this order shall be permanently revoked."
13 (e) No parent, not granted custody of the child, or
14 grandparent, or great-grandparent, or stepparent, or sibling
15 of any minor child, convicted of any offense involving an
16 illegal sex act perpetrated upon a victim less than 18 years
17 of age including but not limited to offenses for violations
18 of Article 12 of the Criminal Code of 1961, is entitled to
19 visitation rights while incarcerated or while on parole,
20 probation, conditional discharge, periodic imprisonment, or
21 mandatory supervised release for that offense, and upon
22 discharge from incarceration for a misdemeanor offense or
23 upon discharge from parole, probation, conditional discharge,
24 periodic imprisonment, or mandatory supervised release for a
25 felony offense, visitation shall be denied until the person
26 successfully completes a treatment program approved by the
27 court.
28 (f) Unless the court determines, after considering all
29 relevant factors, including but not limited to those set
30 forth in Section 602(a), that it would be in the best
31 interests of the child to allow visitation, the court shall
32 not enter an order providing visitation rights and pursuant
33 to a motion to modify visitation shall revoke visitation
34 rights previously granted to any person who would otherwise
-10- LRB9103725SMdv
1 be entitled to petition for visitation rights under this
2 Section who has been convicted of first degree murder of the
3 parent, grandparent, great-grandparent, or sibling of the
4 child who is the subject of the order. Until an order is
5 entered pursuant to this subsection, no person shall visit,
6 with the child present, a person who has been convicted of
7 first degree murder of the parent, grandparent,
8 great-grandparent, or sibling of the child without the
9 consent of the child's parent, other than a parent convicted
10 of first degree murder as set forth herein, or legal
11 guardian.
12 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98;
13 90-801, eff. 6-1-99; revised 12-22-98.)
14 Section 95. No acceleration or delay. Where this Act
15 makes changes in a statute that is represented in this Act by
16 text that is not yet or no longer in effect (for example, a
17 Section represented by multiple versions), the use of that
18 text does not accelerate or delay the taking effect of (i)
19 the changes made by this Act or (ii) provisions derived from
20 any other Public Act.
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.