91st General Assembly
Summary of SB1636
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Senate Sponsors:
GEO-KARIS-DUDYCZ.

House Sponsors:
MCAULIFFE

Short description: 
PARENTAGE-RESERVE CUSTODY                                                  

Synopsis of Bill as introduced:
        Amends the Illinois  Parentage  Act  of  1984.  Provides  that  a      
   judgment entered under the Act shall contain, or explicitly reserve,        
   provisions concerning custody or guardianship and visitation. Provides      
   that a court may grant leave to a party  having  custody  of  a  minor      
   child  to remove the child from Illinois under the standards contained      
   in the  Illinois Marriage and Dissolution of  Marriage  Act.  Provides      
   that  the  Illinois    Marriage  and Dissolution of Marriage Act shall      
   apply to matters concerning  the removal of  a  child  from  Illinois.      
   Provides  that  a  parent  without  custody  of a child is entitled to      
   reasonable visitation unless the court  finds  that  visitation  would      
   seriously endanger   the child's physical, mental, moral, or emotional      
   health.  Makes other changes.                                               
        HOUSE AMENDMENT NO. 3.                                                 
        Provides that, if a judgment  of  parentage  contains  provisions      
   reserving  custody,  custody  shall  be presumed to be with the mother      
   (unless specified conditions exist). Deletes language providing that a      
   party may not remove a child from the State  without  first  obtaining      
   leave  of  court to do so, that the court may grant leave to any party      
   having custody of any minor child to remove the  child  from  Illinois      
   under the standards contained in the Illinois Marriage and Dissolution      
   of  Marriage  Act,  and  that the Illinois Marriage and Dissolution of      
   Marriage Act applies to matters concerning the removal of a child from      
   Illinois. Adds language providing that, if a visitation order has been      
   entered, the parent having custody of a minor  child  shall  give  the      
   other parent not less than 90 days' notice before relocating the child      
   to  a place outside of Illinois for 60 days or more. Permits the other      
   parent to object to  the  relocation,  and  provides  that  the  party      
   seeking to relocate must then obtain leave of court before relocating.      
   Provides  that the new provisions do not preclude a parent from filing      
   a petition to relocate without following the  procedures  in  the  new      
   provisions.                                                                 
        HOUSE AMENDMENT NO. 4.                                                 
          Adds reference to:                                                   
          750 ILCS 5/607                  from Ch. 40, par. 607                
        Amends the Illinois Marriage and  Dissolution  of  Marriage  Act.      
   Replaces existing language regarding visitation rights of grandparents      
   with  language  providing  that a court may grant visitation rights to      
   the grandparents of a minor unless it is shown that  visitation  would      
   be  detrimental  to  the  best  interests  and  welfare  of the minor.      
   Provides that the court  shall  not  grant  visitation  privileges  to      
   grandparents  who  otherwise  might  have visitation privileges if the      
   minor has been adopted after the  death  of  both  his  or  her  legal      
   parents  (except  where the adoption is by a close relative). Provides      
   that, if the adoption is by a close  relative,  the  court  shall  not      
   grant  visitation  privileges  to the grandparents unless it is proven      
   that the grandparents were unreasonably  denied  visitation.  Provides      
   that  an  order denying visitation rights to grandparents of the minor      
   shall be  in writing and shall state the reasons for denial, and  that      
   an  order  denying  visitation rights is a final order for purposes of      
   appeal.  Contains other provisions regarding the  circumstances  under      
   which  a  petition  for  visitation  privileges  may be brought by the      
   grandparents.  Provides  that,  when  one  parent  is  deceased,   the      
   surviving parent shall not interfere with the visitation rights of the      
   grandparents.  Makes other changes.                                         
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   2     SENATE -   0


   END OF INQUIRY 




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