[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
| [ Conference Committee Report 001 ] |
91_HB1845enr HB1845 Enrolled 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 Sec. 607. Visitation. 9 (a) A parent not granted custody of the child is 10 entitled to reasonable visitation rights unless the court 11 finds, after a hearing, that visitation would endanger 12 seriously the child's physical, mental, moral or emotional 13 health. If the custodian's street address is not identified, 14 pursuant to Section 708, the court shall require the parties 15 to identify reasonable alternative arrangements for 16 visitation by a non-custodial parent, including but not 17 limited to visitation of the minor child at the residence of 18 another person or at a local public or private facility. 19 (b) (1) The court may grant reasonable visitation 20 privileges to a grandparent, great-grandparent, or sibling of 21 any minor child upon petition to the court by the 22 grandparents or great-grandparents or on behalf of the 23 sibling, with notice to the parties required to be notified 24 under Section 601 of this Act, if the court determines that 25 it is in the best interests and welfare of the child, and may 26 issue any necessary orders to enforce such visitation 27 privileges. Except as provided in paragraph (2) of this 28 subsection (b), a petition for visitation privileges may be 29 filed under this paragraph (1) whether or not a petition 30 pursuant to this Act has been previously filed or is 31 currently pending if one or more of the following HB1845 Enrolled -2- LRB9103725SMdv 1 circumstances exist: 2 (A) the parents are not currently cohabiting on a 3 permanent or an indefinite basis; 4 (B) one of the parents has been absent from the 5 marital abode for more than one month without the spouse 6 knowing his or her whereabouts; 7 (C) one of the parents is deceased; 8 (D) one of the parents joins in the petition with 9 the grandparents, great-grandparents, or sibling; or 10 (E) a sibling is in State custody. 11 (1.5) The Court may grant reasonable visitation 12 privileges to a stepparent upon petition to the court by the 13 stepparent, with notice to the parties required to be 14 notified under Section 601 of this Act, if the court 15 determines that it is in the best interests and welfare of 16 the child, and may issue any necessary orders to enforce 17 those visitation privileges. A petition for visitation 18 privileges may be filed under this paragraph (1.5) whether or 19 not a petition pursuant to this Act has been previously filed 20 or is currently pending if the following circumstances are 21 met: 22 (A) the child is at least 12 years old; 23 (B) the child resided continuously with the parent 24 and stepparent for at least 5 years; 25 (C) the parent is deceased or is disabled and is 26 unable to care for the child; 27 (D) the child wishes to have reasonable visitation 28 with the stepparent; and 29 (E) the stepparent was providing for the care, 30 control, and welfare to the child prior to the initiation 31 of the petition for visitation. 32 (2)(A) A petition for visitation privileges shall not be 33 filed pursuant to this subsection (b) by the parents or 34 grandparents of a putative father if the paternity of the HB1845 Enrolled -3- LRB9103725SMdv 1 putative father has not been legally established. 2 (B) A petition for visitation privileges may not be 3 filed under this subsection (b) if the child who is the 4 subject of the grandparents' or great-grandparents' petition 5 has been voluntarily surrendered by the parent or parents, 6 except for a surrender to the Illinois Department of Children 7 and Family Services or a foster care facility, or has been 8 previously adopted by an individual or individuals who are 9 not related to the biological parents of the child or is the 10 subject of a pending adoption petition by an individual or 11 individuals who are not related to the biological parents of 12 the child. 13 (3) When one parent is deceased, the surviving parent 14 shall not interfere with the visitation rights of the 15 grandparents. 16 (c) The court may modify an order granting or denying 17 visitation rights of a parent whenever modification would 18 serve the best interest of the child; but the court shall 19 not restrict a parent's visitation rights unless it finds 20 that the visitation would endanger seriously the child's 21 physical, mental, moral or emotional health. The court may 22 modify an order granting, denying, or limiting visitation 23 rights of a grandparent, great-grandparent, or sibling of any 24 minor child whenever a change of circumstances has occurred 25 based on facts occurring subsequent to the judgment and the 26 court finds by clear and convincing evidence that the 27 modification is in the best interest of the minor child. 28 (d) If any court has entered an order prohibiting a 29 non-custodial parent of a child from any contact with a child 30 or restricting the non-custodial parent's contact with the 31 child, the following provisions shall apply: 32 (1) If an order has been entered granting 33 visitation privileges with the child to a grandparent or 34 great-grandparent who is related to the child through the HB1845 Enrolled -4- LRB9103725SMdv 1 non-custodial parent, the visitation privileges of the 2 grandparent or great-grandparent may be revoked if: 3 (i) a court has entered an order prohibiting 4 the non-custodial parent from any contact with the 5 child, and the grandparent or great-grandparent is 6 found to have used his or her visitation privileges 7 to facilitate contact between the child and the 8 non-custodial parent; or 9 (ii) a court has entered an order restricting 10 the non-custodial parent's contact with the child, 11 and the grandparent or great-grandparent is found to 12 have used his or her visitation privileges to 13 facilitate contact between the child and the 14 non-custodial parent in a manner that violates the 15 terms of the order restricting the non-custodial 16 parent's contact with the child. 17 Nothing in this subdivision (1) limits the authority 18 of the court to enforce its orders in any manner 19 permitted by law. 20 (2) Any order granting visitation privileges with 21 the child to a grandparent or great-grandparent who is 22 related to the child through the non-custodial parent 23 shall contain the following provision: 24 "If the (grandparent or great-grandparent, whichever 25 is applicable) who has been granted visitation privileges 26 under this order uses the visitation privileges to 27 facilitate contact between the child and the child's 28 non-custodial parent, the visitation privileges granted 29 under this order shall be permanently revoked." 30 (e) No parent, not granted custody of the child, or 31 grandparent, or great-grandparent, or stepparent, or sibling 32 of any minor child, convicted of any offense involving an 33 illegal sex act perpetrated upon a victim less than 18 years 34 of age including but not limited to offenses for violations HB1845 Enrolled -5- LRB9103725SMdv 1 of Article 12 of the Criminal Code of 1961, is entitled to 2 visitation rights while incarcerated or while on parole, 3 probation, conditional discharge, periodic imprisonment, or 4 mandatory supervised release for that offense, and upon 5 discharge from incarceration for a misdemeanor offense or 6 upon discharge from parole, probation, conditional discharge, 7 periodic imprisonment, or mandatory supervised release for a 8 felony offense, visitation shall be denied until the person 9 successfully completes a treatment program approved by the 10 court. 11 (f) Unless the court determines, after considering all 12 relevant factors, including but not limited to those set 13 forth in Section 602(a), that it would be in the best 14 interests of the child to allow visitation, the court shall 15 not enter an order providing visitation rights and pursuant 16 to a motion to modify visitation shall revoke visitation 17 rights previously granted to any person who would otherwise 18 be entitled to petition for visitation rights under this 19 Section who has been convicted of first degree murder of the 20 parent, grandparent, great-grandparent, or sibling of the 21 child who is the subject of the order. Until an order is 22 entered pursuant to this subsection, no person shall visit, 23 with the child present, a person who has been convicted of 24 first degree murder of the parent, grandparent, 25 great-grandparent, or sibling of the child without the 26 consent of the child's parent, other than a parent convicted 27 of first degree murder as set forth herein, or legal 28 guardian. 29 (g) If an order has been entered limiting, for cause, a 30 minor child's contact or visitation with a grandparent, 31 great-grandparent, or sibling on the grounds that it was in 32 the best interest of the child to do so, that order may be 33 modified only upon a showing of a substantial change in 34 circumstances occurring subsequent to the entry of the order HB1845 Enrolled -6- LRB9103725SMdv 1 with proof by clear and convincing evidence that modification 2 is in the best interest of the minor child. 3 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98; 4 90-801, eff. 6-1-99; revised 12-22-98.) 5 Section 99. Effective date. This Act takes effect upon 6 becoming law.