Illinois General Assembly - Bill Status for HB4357

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that grandparents, great-grandparents, and siblings of a minor child may petition the court for visitation, provided that the petition must be filed in the county in which the child resides. Provides that a petition may be filed when the custodial parent denies visitation and the other parent is dead, missing for 3 months or more, incompetent, or incarcerated for 3 months preceding the filing of a petition. Provides that any visitation granted under this Section ends by operation of law if the child is adopted however, if one natural parent is dead and the surviving spouse remarries, a subsequent adoption will not terminate visitation granted by a court to parents of the deceased parent. Provides that a petitioner who seeks to overcome the presumption that a parent's actions regarding visitation by the grandparent, great-grandparent, or sibling are not harmful to the child's health may do so by proof that the child had a significant relationship with the petitioner that, once lost, will cause harm to the child or the petitioner was the primary caregiver of the child. Describes significant existing relationship with a grandchild. A grandparent is not required to present expert testimony to prove the existence of a significant existing relationship between the child and the grandparent. The court may apply a reasonable person standard to determine whether there is a significant relationship between the child and the grandparent, or that the loss of the relationship between the child and the grandparent is likely to cause severe emotional harm to the child. Provides that a child's parent may always file a petition to modify visitation upon changed circumstances. Deletes provision that grandparent visitation subsection does not apply to a child who is the subject of a pending juvenile court case. Deletes provision that bars any petition for visitation after adoption.

Deletes everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if a grandparent, great-grandparent, or sibling of a minor child petitions for visitation, the petition must be filed in the county where the child resides. Defines "sibling" in this Section as a brother, sister, stepbrother, or stepsister of the minor child. Adds that a petition may be filed by a grandparent, great-grandparent, or sibling when the custodial parent denies visitation and (i) the other parent is dead, missing for 3 months or more, incompetent, or incarcerated for 3 months (now, sentenced to a year or more of imprisonment) preceding the filing of a petition or (ii) there is a pending dissolution proceeding involving a parent of the child or there is any other court proceeding involving the custody or visitation of the child. Allows a grandparent, who is the parent of a person whose parental rights have been terminated, to petition for visitation, even in cases of adoption (now, except in a case of adoption). Provides that any grandparent, great-grandparent, or sibling visitation ends by operation of law if the child is adopted by other than a blood relative. Provides that if a blood relative adopts the child or if one natural parent is dead and the surviving spouse remarries, a subsequent adoption will not terminate visitation granted by a court to parents of the deceased natural parent, unless to do so is in the best interest of the child. Provides that a petitioner, who seeks to overcome the presumption that a fit parent's decisions regarding visitation by a grandparent, great-grandparent, or sibling are not harmful to the child's health, may do so by proof that the child had a significant relationship with the petitioner that, once lost, will cause harm to the child or that the petitioner was the primary caregiver of the child. A grandparent, great-grandparent, or sibling is not required to present expert testimony to prove that he or she has a significant existing relationship with the child. The court shall apply a "reasonable person" standard to determine if the petitioner has a significant relationship with the child or if the loss of the relationship between the child and the grandparent, great-grandparent, or sibling is likely to cause severe emotional harm to the child. Provides that a child's parent may always petition to modify visitation upon changed circumstances, to promote the child's best interest. Deletes provision that bars any petition for visitation after adoption. Deletes provisions that provide for modification of visitation by a grandparent, great-grandparent, or sibling based upon the child's best interest.

Deletes everything after the enacting clause and re-inserts provisions similar to those of the engrossed bill with numerous changes regarding: the standing of grandparents, great-grandparents, and siblings to petition for visitation; inapplicability of various visitation provisions to a child in whose interests a petition to adopt an unrelated child is pending under the Adoption Act; lack of standing of a parent, grandparent, great-grandparent, child, or sibling of a parent whose parental rights have been terminated through an adoption proceeding to petition for visitation rights; grandparent visitation when a court has terminated a parent-child relationship; a parent who lost parental rights visiting with the child during grandparent, great-grandparent, or sibling visitation; automatic termination of any visitation rights when parental rights are terminated or when an adoption is granted; the factors the court shall consider in determining whether to grant visitation, specifically whether the grandparent, great-grandparent, or sibling was a primary caretaker for at least 6 consecutive months; and other matters.

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