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91_SB0027
LRB9100064SMpk
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
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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
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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 whenever modification would serve the best
18 interest of the child; but the court shall not restrict a
19 parent's visitation rights unless it finds that the
20 visitation would endanger seriously the child's physical,
21 mental, moral or emotional health.
22 (d) If any court has entered an order prohibiting a
23 non-custodial parent of a child from any contact with a child
24 or restricting the non-custodial parent's contact with the
25 child, the following provisions shall apply:
26 (1) If an order has been entered granting
27 visitation privileges with the child to a grandparent or
28 great-grandparent who is related to the child through the
29 non-custodial parent, the visitation privileges of the
30 grandparent or great-grandparent may be revoked if:
31 (i) a court has entered an order prohibiting
32 the non-custodial parent from any contact with the
33 child, and the grandparent or great-grandparent is
34 found to have used his or her visitation privileges
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1 to facilitate contact between the child and the
2 non-custodial parent; or
3 (ii) a court has entered an order restricting
4 the non-custodial parent's contact with the child,
5 and the grandparent or great-grandparent is found to
6 have used his or her visitation privileges to
7 facilitate contact between the child and the
8 non-custodial parent in a manner that violates the
9 terms of the order restricting the non-custodial
10 parent's contact with the child.
11 Nothing in this subdivision (1) limits the authority
12 of the court to enforce its orders in any manner
13 permitted by law.
14 (2) Any order granting visitation privileges with
15 the child to a grandparent or great-grandparent who is
16 related to the child through the non-custodial parent
17 shall contain the following provision:
18 "If the (grandparent or great-grandparent, whichever
19 is applicable) who has been granted visitation privileges
20 under this order uses the visitation privileges to
21 facilitate contact between the child and the child's
22 non-custodial parent, the visitation privileges granted
23 under this order shall be permanently revoked."
24 (e) No parent, not granted custody of the child, or
25 grandparent, or great-grandparent, or stepparent, or sibling
26 of any minor child, convicted of any offense involving an
27 illegal sex act perpetrated upon a victim less than 18 years
28 of age including but not limited to offenses for violations
29 of Article 12 of the Criminal Code of 1961, is entitled to
30 visitation rights while incarcerated or while on parole,
31 serving a term of probation, conditional discharge, periodic
32 imprisonment, or on mandatory supervised release for that
33 offense., and Upon discharge from incarceration for a
34 misdemeanor offense or upon discharge from parole, probation,
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1 conditional discharge, periodic imprisonment, or mandatory
2 supervised release for a felony offense, visitation shall be
3 denied until the person successfully completes a treatment
4 program approved by the court.
5 A parent not granted custody of the child, a grandparent,
6 a great-grandparent, a stepparent, or a sibling of any minor
7 child, convicted of any offense involving an illegal sex act
8 perpetrated upon a victim less than 18 years of age including
9 but not limited to offenses for violations of Article 12 of
10 the Criminal Code of 1961, is entitled to visitation rights
11 while on probation or conditional discharge or upon discharge
12 from probation or conditional discharge only after the person
13 successfully completes a treatment program approved by the
14 court.
15 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.