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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

FAMILIES
(750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act.

750 ILCS 5/517

    (750 ILCS 5/517)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 517. Notice of child support enforcement services. The Department of Healthcare and Family Services may provide notice at any time to the parties to an action filed under this Act that child support enforcement services are being provided by the Department under Article X of the Illinois Public Aid Code. The notice shall be sent by regular mail to the party's last known address on file with the clerk of the court or the State Case Registry established under Section 10-27 of the Illinois Public Aid Code. After notice is provided pursuant to this Section, the Department shall be entitled, as if it were a party, to notice of any further proceedings brought in the case. The Department shall provide the clerk of the court with copies of the notices sent to the parties. The clerk shall file the copies in the court file.
(Source: P.A. 94-88, eff. 1-1-06; 95-331, eff. 8-21-07. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/Pt. VI

 
    (750 ILCS 5/Pt. VI heading)
    (Text of Section before amendment by P.A. 99-90)
PART VI
CUSTODY


    (Text of Section after amendment by P.A. 99-90)
PART VI
ALLOCATION OF PARENTAL RESPONSIBILITIES
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/600

    (750 ILCS 5/600)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 600. Definitions. For purposes of this Part VI:
    (a) "Abuse" has the meaning ascribed to that term in Section 103 of the Illinois Domestic Violence Act of 1986.
    (b) "Allocation judgment" means a judgment allocating parental responsibilities.
    (c) "Caretaking functions" means tasks that involve interaction with a child or that direct, arrange, and supervise the interaction with and care of a child provided by others, or for obtaining the resources allowing for the provision of these functions. The term includes, but is not limited to, the following:
        (1) satisfying a child's nutritional needs; managing
    
a child's bedtime and wake-up routines; caring for a child when the child is sick or injured; being attentive to a child's personal hygiene needs, including washing, grooming, and dressing; playing with a child and ensuring the child attends scheduled extracurricular activities; protecting a child's physical safety; and providing transportation for a child;
        (2) directing a child's various developmental needs,
    
including the acquisition of motor and language skills, toilet training, self-confidence, and maturation;
        (3) providing discipline, giving instruction in
    
manners, assigning and supervising chores, and performing other tasks that attend to a child's needs for behavioral control and self-restraint;
        (4) ensuring the child attends school, including
    
remedial and special services appropriate to the child's needs and interests, communicating with teachers and counselors, and supervising homework;
        (5) helping a child develop and maintain appropriate
    
interpersonal relationships with peers, siblings, and other family members;
        (6) ensuring the child attends medical appointments
    
and is available for medical follow-up and meeting the medical needs of the child in the home;
        (7) providing moral and ethical guidance for a child;
    
and
        (8) arranging alternative care for a child by a
    
family member, babysitter, or other child care provider or facility, including investigating such alternatives, communicating with providers, and supervising such care.
    (d) "Parental responsibilities" means both parenting time and significant decision-making responsibilities with respect to a child.
    (e) "Parenting time" means the time during which a parent is responsible for exercising caretaking functions and non-significant decision-making responsibilities with respect to the child.
    (f) "Parenting plan" means a written agreement that allocates significant decision-making responsibilities, parenting time, or both.
    (g) "Relocation" means:
        (1) a change of residence from the child's current
    
primary residence located in the county of Cook, DuPage, Kane, Lake, McHenry, or Will to a new residence within this State that is more than 25 miles from the child's current residence;
        (2) a change of residence from the child's current
    
primary residence located in a county not listed in paragraph (1) to a new residence within this State that is more than 50 miles from the child's current primary residence; or
        (3) a change of residence from the child's current
    
primary residence to a residence outside the borders of this State that is more than 25 miles from the current primary residence.
    (h) "Religious upbringing" means the choice of religion or denomination of a religion, religious schooling, religious training, or participation in religious customs or practices.
    (i) "Restriction of parenting time" means any limitation or condition placed on parenting time, including supervision.
    (j) "Right of first refusal" has the meaning provided in subsection (b) of Section 602.3 of this Act.
    (k) "Significant decision-making" means deciding issues of long-term importance in the life of a child.
    (l) "Step-parent" means a person married to a child's parent, including a person married to the child's parent immediately prior to the parent's death.
    (m) "Supervision" means the presence of a third party during a parent's exercise of parenting time.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/601

    (750 ILCS 5/601) (from Ch. 40, par. 601)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 601. Jurisdiction; Commencement of Proceeding.
    (a) A court of this State competent to decide child custody matters has jurisdiction to make a child custody determination in original or modification proceedings as provided in Section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act as adopted by this State.
    (b) A child custody proceeding is commenced in the court:
        (1) by a parent, by filing a petition:
            (i) for dissolution of marriage or legal
        
separation or declaration of invalidity of marriage; or
            (ii) for custody of the child, in the county in
        
which he is permanently resident or found;
        (2) by a person other than a parent, by filing a
    
petition for custody of the child in the county in which he is permanently resident or found, but only if he is not in the physical custody of one of his parents;
        (3) by a stepparent, by filing a petition, if all of
    
the following circumstances are met:
            (A) the child is at least 12 years old;
            (B) the custodial parent and stepparent were
        
married for at least 5 years during which the child resided with the parent and stepparent;
            (C) the custodial parent is deceased or is a
        
person with a disability and cannot perform the duties of a parent to the child;
            (D) the stepparent provided for the care,
        
control, and welfare to the child prior to the initiation of custody proceedings;
            (E) the child wishes to live with the stepparent;
        
and
            (F) it is alleged to be in the best interests and
        
welfare of the child to live with the stepparent as provided in Section 602 of this Act; or
        (4) when one of the parents is deceased, by a
    
grandparent who is a parent or stepparent of a deceased parent, by filing a petition, if one or more of the following existed at the time of the parent's death:
            (A) the surviving parent had been absent from the
        
marital abode for more than one month without the deceased spouse knowing his or her whereabouts;
            (B) the surviving parent was in State or federal
        
custody; or
            (C) the surviving parent had: (i) received
        
supervision for or been convicted of any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, 19-6, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012 directed towards the deceased parent or the child; or (ii) received supervision or been convicted of violating an order of protection entered under Section 217, 218, or 219 of the Illinois Domestic Violence Act of 1986 for the protection of the deceased parent or the child.
    (c) Notice of a child custody proceeding, including an action for modification of a previous custody order, shall be given to the child's parents, guardian and custodian, who may appear, be heard, and file a responsive pleading. The court, upon showing of good cause, may permit intervention of other interested parties.
    (d) Proceedings for modification of a previous custody order commenced more than 30 days following the entry of a previous custody order must be initiated by serving a written notice and a copy of the petition for modification upon the child's parent, guardian and custodian at least 30 days prior to hearing on the petition. Nothing in this Section shall preclude a party in custody modification proceedings from moving for a temporary order under Section 603 of this Act.
    (e) (Blank).
    (f) The court shall, at the court's discretion or upon the request of any party entitled to petition for custody of the child, appoint a guardian ad litem to represent the best interest of the child for the duration of the custody proceeding or for any modifications of any custody orders entered. Nothing in this Section shall be construed to prevent the court from appointing the same guardian ad litem for 2 or more children that are siblings or half-siblings.
(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/601.2

    (750 ILCS 5/601.2)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 601.2. Jurisdiction; commencement of proceeding.
    (a) A court of this State that is competent to allocate parental responsibilities has jurisdiction to make such an allocation in original or modification proceedings as provided in Section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act as adopted by this State.
    (b) A proceeding for allocation of parental responsibilities with respect to a child is commenced in the court:
        (1) by filing a petition for dissolution of marriage
    
or legal separation or declaration of invalidity of marriage;
        (2) by filing a petition for allocation of parental
    
responsibilities with respect to the child in the county in which the child resides;
        (3) by a person other than a parent, by filing a
    
petition for allocation of parental responsibilities in the county in which the child is permanently resident or found, but only if he or she is not in the physical custody of one of his or her parents;
        (4) by a step-parent, by filing a petition, if all of
    
the following circumstances are met:
            (A) the parent having the majority of parenting
        
time is deceased or is disabled and cannot perform the duties of a parent to the child;
            (B) the step-parent provided for the care,
        
control, and welfare of the child prior to the initiation of proceedings for allocation of parental responsibilities;
            (C) the child wishes to live with the
        
step-parent; and
            (D) it is alleged to be in the best interests and
        
welfare of the child to live with the step-parent as provided in Section 602.5 of this Act; or
        (5) when one of the parents is deceased, by a
    
grandparent who is a parent or step-parent of a deceased parent, by filing a petition, if one or more of the following existed at the time of the parent's death:
            (A) the surviving parent had been absent from the
        
marital abode for more than one month without the spouse knowing his or her whereabouts;
            (B) the surviving parent was in State or federal
        
custody; or
            (C) the surviving parent had: (i) received
        
supervision for or been convicted of any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, 19-6, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012 directed towards the deceased parent or the child; or (ii) received supervision or been convicted of violating an order of protection entered under Section 217, 218, or 219 of the Illinois Domestic Violence Act of 1986 for the protection of the deceased parent or the child.
    (c) When a proceeding for allocation of parental responsibilities is commenced, the party commencing the action must, at least 30 days before any hearing on the petition, serve a written notice and a copy of the petition on the child's parent, guardian, person currently allocated parental responsibilities pursuant to subdivision (b)(4) or (b)(5) of Section 601.2, and any person with a pending motion for allocation of parental responsibilities with respect to the child. Nothing in this Section shall preclude a party in a proceeding for allocation of parental responsibilities from moving for a temporary order under Section 603.5.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/601.5

    (750 ILCS 5/601.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 601.5. Training. The chief circuit judge or designated presiding judge may approve 3 hours of training for guardians ad litem appointed under Section 601 of this Act, professional personnel appointed under Section 604 of this Act, evaluators appointed under Section 604.5 of this Act, and investigators appointed under Section 605 of this Act. This training shall include a component on the dynamics of domestic violence and its effect on parents and children.
(Source: P.A. 94-377, eff. 7-29-05; 95-331, eff. 8-21-07. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602

    (750 ILCS 5/602) (from Ch. 40, par. 602)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 602. Best Interest of Child.
    (a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:
        (1) the wishes of the child's parent or parents as to
    
his custody;
        (2) the wishes of the child as to his custodian;
        (3) the interaction and interrelationship of the
    
child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
        (4) the child's adjustment to his home, school and
    
community;
        (5) the mental and physical health of all individuals
    
involved;
        (6) the physical violence or threat of physical
    
violence by the child's potential custodian, whether directed against the child or directed against another person;
        (7) the occurrence of ongoing or repeated abuse as
    
defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;
        (8) the willingness and ability of each parent to
    
facilitate and encourage a close and continuing relationship between the other parent and the child;
        (9) whether one of the parents is a sex offender; and
        (10) the terms of a parent's military family-care
    
plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed.
    In the case of a custody proceeding in which a stepparent has standing under Section 601, it is presumed to be in the best interest of the minor child that the natural parent have the custody of the minor child unless the presumption is rebutted by the stepparent.
    (b) The court shall not consider conduct of a present or proposed custodian that does not affect his relationship to the child.
    (c) Unless the court finds the occurrence of ongoing abuse as defined in Section 103 of the Illinois Domestic Violence Act of 1986, the court shall presume that the maximum involvement and cooperation of both parents regarding the physical, mental, moral, and emotional well-being of their child is in the best interest of the child. There shall be no presumption in favor of or against joint custody.
(Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602.1

    (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 602.1. (a) The dissolution of marriage, the declaration of invalidity of marriage, the legal separation of the parents, or the parents living separate and apart shall not diminish parental powers, rights, and responsibilities except as the court for good reason may determine under the standards of Section 602.
    (b) Upon the application of either or both parents, or upon its own motion, the court shall consider an award of joint custody. Joint custody means custody determined pursuant to a Joint Parenting Agreement or a Joint Parenting Order. In such cases, the court shall initially request the parents to produce a Joint Parenting Agreement. Such Agreement shall specify each parent's powers, rights and responsibilities for the personal care of the child and for major decisions such as education, health care, and religious training. The Agreement shall further specify a procedure by which proposed changes, disputes and alleged breaches may be mediated or otherwise resolved and shall provide for a periodic review of its terms by the parents. In producing a Joint Parenting Agreement, the parents shall be flexible in arriving at resolutions which further the policy of this State as expressed in Sections 102 and 602. For the purpose of assisting the court in making a determination whether an award of joint custody is appropriate, the court may order mediation and may direct that an investigation be conducted pursuant to the provisions of Section 605. If there is a danger to the health or safety of a partner, joint mediation shall not be required by the court. In the event the parents fail to produce a Joint Parenting Agreement, the court may enter an appropriate Joint Parenting Order under the standards of Section 602 which shall specify and contain the same elements as a Joint Parenting Agreement, or it may award sole custody under the standards of Sections 602, 607, and 608.
    (c) The court may enter an order of joint custody if it determines that joint custody would be in the best interests of the child, taking into account the following:
        (1) the ability of the parents to cooperate
    
effectively and consistently in matters that directly affect the joint parenting of the child. "Ability of the parents to cooperate" means the parents' capacity to substantially comply with a Joint Parenting Order. The court shall not consider the inability of the parents to cooperate effectively and consistently in matters that do not directly affect the joint parenting of the child;
        (2) The residential circumstances of each parent; and
        (3) all other factors which may be relevant to the
    
best interest of the child.
    (d) Nothing within this section shall imply or presume that joint custody shall necessarily mean equal parenting time. The physical residence of the child in joint custodial situations shall be determined by:
        (1) express agreement of the parties; or
        (2) order of the court under the standards of this
    
Section.
    (e) Notwithstanding any other provision of law, access to records and information pertaining to a child, including but not limited to medical, dental, child care and school records, shall not be denied to a parent for the reason that such parent is not the child's custodial parent; however, no parent shall have access to the school records of a child if the parent is prohibited by an order of protection from inspecting or obtaining such records pursuant to the Illinois Domestic Violence Act of 1986, as now or hereafter amended or pursuant to the Code of Criminal Procedure of 1963. No parent who is a named respondent in an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986 or the Code of Criminal Procedure of 1963 shall have access to the health care records of a child who is a protected person under that order of protection.
(Source: P.A. 95-912, eff. 1-1-09; 96-651, eff. 1-1-10. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602.3

    (750 ILCS 5/602.3)
    (Text of Section before amendment by P.A. 99-90)
    Sec. 602.3. Care of minor children; right of first refusal.
    (a) If the court awards joint custody under Section 602.1 or visitation rights under Section 607, the court may consider, consistent with the best interest of the child as defined in Section 602, whether to award to one or both of the parties the right of first refusal to provide child care for the minor child or children during the other parent's normal parenting time, unless the need for child care is attributable to an emergency.
    (b) As used in this Section, "right of first refusal" means that if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care for the minor child or children. The parties may agree to a right of first refusal that is consistent with the best interest of the minor child or children. If there is no agreement and the court determines that a right of first refusal is in the best interest of the minor child or children, the court shall consider and make provisions in its order for:
        (1) the length and kind of child-care requirements
    
invoking the right of first refusal;
        (2) notification to the other parent and for his or
    
her response;
        (3) transportation requirements; and
        (4) any other action necessary to protect and promote
    
the best interest of the minor child or children.
    (c) The right of first refusal may be enforced under Section 607.1 of this Act.
    (d) The right of first refusal is terminated upon the termination of custody or visitation rights.
(Source: P.A. 98-462, eff. 1-1-14.)
 
    (Text of Section after amendment by P.A. 99-90)
    Sec. 602.3. Care of minor children; right of first refusal.
    (a) If the court awards parenting time to both parents under Section 602.7 or 602.8, the court may consider, consistent with the best interests of the child as defined in Section 602.7, whether to award to one or both of the parties the right of first refusal to provide child care for the minor child or children during the other parent's normal parenting time, unless the need for child care is attributable to an emergency.
    (b) As used in this Section, "right of first refusal" means that if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care for the minor child or children. The parties may agree to a right of first refusal that is consistent with the best interests of the minor child or children. If there is no agreement and the court determines that a right of first refusal is in the best interests of the minor child or children, the court shall consider and make provisions in its order for:
        (1) the length and kind of child-care requirements
    
invoking the right of first refusal;
        (2) notification to the other parent and for his or
    
her response;
        (3) transportation requirements; and
        (4) any other action necessary to protect and promote
    
the best interest of the minor child or children.
    (c) The right of first refusal may be enforced under Section 607.5 of this Act.
    (d) The right of first refusal is terminated upon the termination of the allocation of parental responsibilities or parenting time.
(Source: P.A. 98-462, eff. 1-1-14; 99-90, eff. 1-1-16.)

750 ILCS 5/602.5

    (750 ILCS 5/602.5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 602.5. Allocation of parental responsibilities: decision-making.
    (a) Generally. The court shall allocate decision-making responsibilities according to the child's best interests. Nothing in this Act requires that each parent be allocated decision-making responsibilities.
    (b) Allocation of significant decision-making responsibilities. Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities, or the issue of the allocation of parental responsibilities has been reserved under Section 401, the court shall make the determination. The court shall allocate to one or both of the parents the significant decision-making responsibility for each significant issue affecting the child. Those significant issues shall include, without limitation, the following:
        (1) Education, including the choice of schools and
    
tutors.
        (2) Health, including all decisions relating to the
    
medical, dental, and psychological needs of the child and to the treatments arising or resulting from those needs.
        (3) Religion, subject to the following provisions:
            (A) The court shall allocate decision-making
        
responsibility for the child's religious upbringing in accordance with any express or implied agreement between the parents.
            (B) The court shall consider evidence of the
        
parents' past conduct as to the child's religious upbringing in allocating decision-making responsibilities consistent with demonstrated past conduct in the absence of an express or implied agreement between the parents.
            (C) The court shall not allocate any aspect of
        
the child's religious upbringing if it determines that the parents do not or did not have an express or implied agreement for such religious upbringing or that there is insufficient evidence to demonstrate a course of conduct regarding the child's religious upbringing that could serve as a basis for any such order.
        (4) Extracurricular activities.
    (c) Determination of child's best interests. In determining the child's best interests for purposes of allocating significant decision-making responsibilities, the court shall consider all relevant factors, including, without limitation, the following:
        (1) the wishes of the child, taking into account the
    
child's maturity and ability to express reasoned and independent preferences as to decision-making;
        (2) the child's adjustment to his or her home,
    
school, and community;
        (3) the mental and physical health of all individuals
    
involved;
        (4) the ability of the parents to cooperate to make
    
decisions, or the level of conflict between the parties that may affect their ability to share decision-making;
        (5) the level of each parent's participation in past
    
significant decision-making with respect to the child;
        (6) any prior agreement or course of conduct between
    
the parents relating to decision-making with respect to the child;
        (7) the wishes of the parents;
        (8) the child's needs;
        (9) the distance between the parents' residences, the
    
cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;
        (10) whether a restriction on decision-making is
    
appropriate under Section 603.10;
        (11) the willingness and ability of each parent to
    
facilitate and encourage a close and continuing relationship between the other parent and the child;
        (12) the physical violence or threat of physical
    
violence by the child's parent directed against the child;
        (13) the occurrence of abuse against the child or
    
other member of the child's household;
        (14) whether one of the parents is a sex offender,
    
and if so, the exact nature of the offense and what, if any, treatment in which the parent has successfully participated; and
        (15) any other factor that the court expressly finds
    
to be relevant.
    (d) A parent shall have sole responsibility for making routine decisions with respect to the child and for emergency decisions affecting the child's health and safety during that parent's parenting time.
    (e) In allocating significant decision-making responsibilities, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602.7

    (750 ILCS 5/602.7)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 602.7. Allocation of parental responsibilities: parenting time.
    (a) Best interests. The court shall allocate parenting time according to the child's best interests.
    (b) Allocation of parenting time. Unless the parents present a mutually agreed written parenting plan and that plan is approved by the court, the court shall allocate parenting time. It is presumed both parents are fit and the court shall not place any restrictions on parenting time as defined in Section 600 and described in Section 603.10, unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health.
    In determining the child's best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:
        (1) the wishes of each parent seeking parenting time;
        (2) the wishes of the child, taking into account the
    
child's maturity and ability to express reasoned and independent preferences as to parenting time;
        (3) the amount of time each parent spent performing
    
caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;
        (4) any prior agreement or course of conduct between
    
the parents relating to caretaking functions with respect to the child;
        (5) the interaction and interrelationship of the
    
child with his or her parents and siblings and with any other person who may significantly affect the child's best interests;
        (6) the child's adjustment to his or her home,
    
school, and community;
        (7) the mental and physical health of all individuals
    
involved;
        (8) the child's needs;
        (9) the distance between the parents' residences, the
    
cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;
        (10) whether a restriction on parenting time is
    
appropriate;
        (11) the physical violence or threat of physical
    
violence by the child's parent directed against the child or other member of the child's household;
        (12) the willingness and ability of each parent to
    
place the needs of the child ahead of his or her own needs;
        (13) the willingness and ability of each parent to
    
facilitate and encourage a close and continuing relationship between the other parent and the child;
        (14) the occurrence of abuse against the child or
    
other member of the child's household;
        (15) whether one of the parents is a convicted sex
    
offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);
        (16) the terms of a parent's military family-care
    
plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and
        (17) any other factor that the court expressly finds
    
to be relevant.
    (c) In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.
    (d) Upon motion, the court may allow a parent who is deployed or who has orders to be deployed as a member of the United States Armed Forces to designate a person known to the child to exercise reasonable substitute visitation on behalf of the deployed parent, if the court determines that substitute visitation is in the best interests of the child. In determining whether substitute visitation is in the best interests of the child, the court shall consider all of the relevant factors listed in subsection (b) of this Section and apply those factors to the person designated as a substitute for the deployed parent for visitation purposes. Visitation orders entered under this subsection are subject to subsections (e) and (f) of Section 602.9 and subsections (c) and (d) of Section 603.10.
    (e) If the street address of a parent is not identified pursuant to Section 708 of this Act, the court shall require the parties to identify reasonable alternative arrangements for parenting time by the other parent including, but not limited to, parenting time of the minor child at the residence of another person or at a local public or private facility.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602.8

    (750 ILCS 5/602.8)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 602.8. Parenting time by parents not allocated significant decision-making responsibilities.
    (a) A parent who has established parentage under the laws of this State and who is not granted significant decision-making responsibilities for a child is entitled to reasonable parenting time with the child, subject to subsections (d) and (e) of Section 603.10 of this Act, unless the court finds, after a hearing, that the parenting time would seriously endanger the child's mental, moral, or physical health or significantly impair the child's emotional development. The order setting forth parenting time shall be in the child's best interests pursuant to the factors set forth in subsection (b) of Section 602.7 of this Act.
    (b) The court may modify an order granting or denying parenting time pursuant to Section 610.5 of this Act. The court may restrict parenting time, and modify an order restricting parenting time, pursuant to Section 603.10 of this Act.
    (c) If the street address of the parent allocated parental responsibilities is not identified, pursuant to Section 708 of this Act, the court shall require the parties to identify reasonable alternative arrangements for parenting time by a parent not allocated parental responsibilities, including but not limited to parenting time of the minor child at the residence of another person or at a local public or private facility.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602.9

    (750 ILCS 5/602.9)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 602.9. Visitation by certain non-parents.
    (a) As used in this Section:
        (1) "electronic communication" means time that a
    
grandparent, great-grandparent, sibling, or step-parent spends with a child during which the child is not in the person's actual physical custody, but which is facilitated by the use of communication tools such as the telephone, electronic mail, instant messaging, video conferencing or other wired or wireless technologies via the Internet, or another medium of communication;
        (2) "sibling" means a brother or sister either of
    
the whole blood or the half blood, stepbrother, or stepsister of the minor child;
        (3) "step-parent" means a person married to a
    
child's parent, including a person married to the child's parent immediately prior to the parent's death; and
        (4) "visitation" means in-person time spent between a
    
child and the child's grandparent, great-grandparent, sibling, step-parent, or any person designated under subsection (d) of Section 602.7. In appropriate circumstances, visitation may include electronic communication under conditions and at times determined by the court.
    (b) General provisions.
        (1) An appropriate person, as identified in
    
subsection (c) of this Section, may bring an action in circuit court by petition, or by filing a petition in a pending dissolution proceeding or any other proceeding that involves parental responsibilities or visitation issues regarding the child, requesting visitation with the child pursuant to this Section. If there is not a pending proceeding involving parental responsibilities or visitation with the child, the petition for visitation with the child must be filed in the county in which the child resides. Notice of the petition shall be given as provided in subsection (c) of Section 601.2 of this Act.
        (2) This Section does not apply to a child:
            (A) in whose interests a petition is pending
        
under Section 2-13 of the Juvenile Court Act of 1987; or
            (B) in whose interests a petition to adopt by an
        
unrelated person is pending under the Adoption Act; or
            (C) who has been voluntarily surrendered by the
        
parent or parents, except for a surrender to the Department of Children and Family Services or a foster care facility; or
            (D) who has been previously adopted by an
        
individual or individuals who are not related to the biological parents of the child or who is the subject of a pending adoption petition by an individual or individuals who are not related to the biological parents of the child; or
            (E) who has been relinquished pursuant to the
        
Abandoned Newborn Infant Protection Act.
        (3) A petition for visitation may be filed under this
    
Section only if there has been an unreasonable denial of visitation by a parent and the denial has caused the child undue mental, physical, or emotional harm.
        (4) There is a rebuttable presumption that a fit
    
parent's actions and decisions regarding grandparent, great-grandparent, sibling, or step-parent visitation are not harmful to the child's mental, physical, or emotional health. The burden is on the party filing a petition under this Section to prove that the parent's actions and decisions regarding visitation will cause undue harm to the child's mental, physical, or emotional health.
        (5) In determining whether to grant visitation, the
    
court shall consider the following:
            (A) the wishes of the child, taking into account
        
the child's maturity and ability to express reasoned and independent preferences as to visitation;
            (B) the mental and physical health of the child;
            (C) the mental and physical health of the
        
grandparent, great-grandparent, sibling, or step-parent;
            (D) the length and quality of the prior
        
relationship between the child and the grandparent, great-grandparent, sibling, or step-parent;
            (E) the good faith of the party in filing the
        
petition;
            (F) the good faith of the person denying
        
visitation;
            (G) the quantity of the visitation time requested
        
and the potential adverse impact that visitation would have on the child's customary activities;
            (H) any other fact that establishes that the loss
        
of the relationship between the petitioner and the child is likely to unduly harm the child's mental, physical, or emotional health; and
            (I) whether visitation can be structured in a way
        
to minimize the child's exposure to conflicts between the adults.
        (6) Any visitation rights granted under this Section
    
before the filing of a petition for adoption of the child shall automatically terminate by operation of law upon the entry of an order terminating parental rights or granting the adoption of the child, whichever is earlier. If the person or persons who adopted the child are related to the child, as defined by Section 1 of the Adoption Act, any person who was related to the child as grandparent, great-grandparent, or sibling prior to the adoption shall have standing to bring an action under this Section requesting visitation with the child.
        (7) The court may order visitation rights for the
    
grandparent, great-grandparent, sibling, or step-parent that include reasonable access without requiring overnight or possessory visitation.
    (c) Visitation by grandparents, great-grandparents, step-parents, and siblings.
        (1) Grandparents, great-grandparents, step-parents,
    
and siblings of a minor child who is one year old or older may bring a petition for visitation and electronic communication under this Section if there is an unreasonable denial of visitation by a parent that causes undue mental, physical, or emotional harm to the child and if at least one of the following conditions exists:
            (A) the child's other parent is deceased or has
        
been missing for at least 90 days. For the purposes of this subsection a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency; or
            (B) a parent of the child is incompetent as a
        
matter of law; or
            (C) a parent has been incarcerated in jail or
        
prison for a period in excess of 90 days immediately prior to the filing of the petition; or
            (D) the child's parents have been granted a
        
dissolution of marriage or have been legally separated from each other or there is pending a dissolution proceeding involving a parent of the child or another court proceeding involving parental responsibilities or visitation of the child (other than an adoption proceeding of an unrelated child, a proceeding under Article II of the Juvenile Court Act of 1987, or an action for an order of protection under the Illinois Domestic Violence Act of 1986 or Article 112A of the Code of Criminal Procedure of 1963) and at least one parent does not object to the grandparent, great-grandparent, step-parent, or sibling having visitation with the child. The visitation of the grandparent, great-grandparent, step-parent, or sibling must not diminish the parenting time of the parent who is not related to the grandparent, great-grandparent, step-parent, or sibling seeking visitation; or
            (E) the child is born to parents who are not
        
married to each other, the parents are not living together, and the petitioner is a grandparent, great-grandparent, step-parent, or sibling of the child, and parentage has been established by a court of competent jurisdiction.
        (2) In addition to the factors set forth in
    
subdivision (b)(5) of this Section, the court should consider:
            (A) whether the child resided with the petitioner
        
for at least 6 consecutive months with or without a parent present;
            (B) whether the child had frequent and regular
        
contact or visitation with the petitioner for at least 12 consecutive months; and
            (C) whether the grandparent, great-grandparent,
        
sibling, or step-parent was a primary caretaker of the child for a period of not less than 6 consecutive months within the 24-month period immediately preceding the commencement of the proceeding.
        (3) An order granting visitation privileges under
    
this Section is subject to subsections (c) and (d) of Section 603.10.
        (4) A petition for visitation privileges may not be
    
filed pursuant to this subsection (c) by the parents or grandparents of a parent of the child if parentage between the child and the related parent has not been legally established.
    (d) Modification of visitation orders.
        (1) Unless by stipulation of the parties, no motion
    
to modify a grandparent, great-grandparent, sibling, or step-parent visitation order may be made earlier than 2 years after the date the order was filed, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously the child's mental, physical, or emotional health.
        (2) The court shall not modify an order that grants
    
visitation to a grandparent, great-grandparent, sibling, or step-parent unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior visitation order or that were unknown to the court at the time of entry of the prior visitation order, that a change has occurred in the circumstances of the child or his or her parent, and that the modification is necessary to protect the mental, physical, or emotional health of the child. The court shall state in its decision specific findings of fact in support of its modification or termination of the grandparent, great-grandparent, sibling, or step-parent visitation. A child's parent may always petition to modify visitation upon changed circumstances when necessary to promote the child's best interests.
        (3) Notice of a motion requesting modification of a
    
visitation order shall be provided as set forth in subsection (c) of Section 601.2 of this Act.
        (4) Attorney's fees and costs shall be assessed
    
against a party seeking modification of the visitation order if the court finds that the modification action is vexatious and constitutes harassment.
    (e) No child's grandparent, great-grandparent, sibling, or step-parent, or any person to whom the court is considering granting visitation privileges pursuant to subsection (d) of Section 602.7, who was convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age including, but not limited to, offenses for violations of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, is entitled to visitation while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for that offense, and upon discharge from incarceration for a misdemeanor offense or upon discharge from parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense. Visitation shall be denied until the person successfully completes a treatment program approved by the court. Upon completion of treatment, the court may deny visitation based on the factors listed in subdivision (b)(5) of Section 607 of this Act.
    (f) No child's grandparent, great-grandparent, sibling, or step-parent, or any person to whom the court is considering granting visitation privileges pursuant to subsection (d) of Section 602.7, may be granted visitation if he or she has been convicted of first degree murder of a parent, grandparent, great-grandparent, or sibling of the child who is the subject of the visitation request. Pursuant to a motion to modify visitation, the court shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section or granted visitation under subsection (d) of Section 602.7, if the person has been convicted of first degree murder of a parent, grandparent, great-grandparent, or sibling of the child who is the subject of the visitation order. Until an order is entered pursuant to this subsection, no person may visit, with the child present, a person who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child without the consent of the child's parent, other than a parent convicted of first degree murder as set forth herein, or legal guardian.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602.10

    (750 ILCS 5/602.10)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 602.10. Parenting plan.
    (a) Filing of parenting plan. All parents, within 120 days after service or filing of any petition for allocation of parental responsibilities, must file with the court, either jointly or separately, a proposed parenting plan. The time period for filing a parenting plan may be extended by the court for good cause shown.
    (b) No parenting plan filed. In the absence of filing of one or more parenting plans, the court must conduct an evidentiary hearing to allocate parental responsibilities.
    (c) Mediation. The court shall order mediation to assist the parents in formulating or modifying a parenting plan or in implementing a parenting plan unless the court determines that impediments to mediation exist. Costs under this subsection shall be allocated between the parties pursuant to the applicable statute or Supreme Court Rule.
    (d) Parents' agreement on parenting plan. The parenting plan must be in writing and signed by both parents. The parents must submit the parenting plan to the court for approval within 120 days after service of a petition for allocation of parental responsibilities or the filing of an appearance, except for good cause shown. Notwithstanding the provisions above, the parents may agree upon and submit a parenting plan at any time after the commencement of a proceeding until prior to the entry of a judgment of dissolution of marriage. The agreement is binding upon the court unless it finds, after considering the circumstances of the parties and any other relevant evidence produced by the parties, that the agreement is unconscionable. If the court does not approve the parenting plan, the court shall make express findings of the reason or reasons for its refusal to approve the plan. The court, on its own motion, may conduct an evidentiary hearing to determine whether the parenting plan is in the child's best interests.
    (e) Parents cannot agree on parenting plan. When parents fail to submit an agreed parenting plan, each parent must file and submit a written, signed parenting plan to the court within 120 days after the filing of an appearance, except for good cause shown. The court's determination of parenting time should be based on the child's best interests. The filing of the plan may be excused by the court if:
        (1) the parties have commenced mediation for the
    
purpose of formulating a parenting plan; or
        (2) the parents have agreed in writing to extend the
    
time for filing a proposed plan and the court has approved such an extension; or
        (3) the court orders otherwise for good cause shown.
    (f) Parenting plan contents. At a minimum, a parenting plan must set forth the following:
        (1) an allocation of significant decision-making
    
responsibilities;
        (2) provisions for the child's living arrangements
    
and for each parent's parenting time, including either:
            (A) a schedule that designates in which parent's
        
home the minor child will reside on given days; or
            (B) a formula or method for determining such a
        
schedule in sufficient detail to be enforced in a subsequent proceeding;
        (3) a mediation provision addressing any proposed
    
reallocation of parenting time or regarding the terms of allocation of parental responsibilities, except that this provision is not required if one parent is allocated all significant decision-making responsibilities;
        (4) each parent's right of access to medical, dental,
    
and psychological records (subject to the Mental Health and Developmental Disabilities Confidentiality Act), child care records, and school and extracurricular records, reports, and schedules, unless expressly denied by a court order or denied under subsection (g) of Section 602.5;
        (5) a designation of the parent who will be
    
denominated as the parent with the majority of parenting time for purposes of Section 606.10;
        (6) the child's residential address for school
    
enrollment purposes only;
        (7) each parent's residence address and phone number,
    
and each parent's place of employment and employment address and phone number;
        (8) a requirement that a parent changing his or her
    
residence provide at least 60 days prior written notice of the change to any other parent under the parenting plan or allocation judgment, unless such notice is impracticable or unless otherwise ordered by the court. If such notice is impracticable, written notice shall be given at the earliest date practicable. At a minimum, the notice shall set forth the following:
            (A) the intended date of the change of residence;
        
and
            (B) the address of the new residence;
        (9) provisions requiring each parent to notify the
    
other of emergencies, health care, travel plans, or other significant child-related issues;
        (10) transportation arrangements between the parents;
        (11) provisions for communications, including
    
electronic communications, with the child during the other parent's parenting time;
        (12) provisions for resolving issues arising from a
    
parent's future relocation, if applicable;
        (13) provisions for future modifications of the
    
parenting plan, if specified events occur;
        (14) provisions for the exercise of the right of
    
first refusal, if so desired, that are consistent with the best interests of the minor child; provisions in the plan for the exercise of the right of first refusal must include:
            (i) the length and kind of child-care
        
requirements invoking the right of first refusal;
            (ii) notification to the other parent and for his
        
or her response;
            (iii) transportation requirements; and
            (iv) any other provision related to the exercise
        
of the right of first refusal necessary to protect and promote the best interests of the minor child; and
        (15) any other provision that addresses the child's
    
best interests or that will otherwise facilitate cooperation between the parents.
    The personal information under items (6), (7), and (8) of this subsection is not required if there is evidence of or the parenting plan states that there is a history of domestic violence or abuse, or it is shown that the release of the information is not in the child's or parent's best interests.
    (g) The court shall conduct a trial or hearing to determine a plan which maximizes the child's relationship and access to both parents and shall ensure that the access and the overall plan are in the best interests of the child. The court shall take the parenting plans into consideration when determining parenting time and responsibilities at trial or hearing.
    (h) The court may consider, consistent with the best interests of the child as defined in Section 602.7 of this Act, whether to award to one or both of the parties the right of first refusal in accordance with Section 602.3 of this Act.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/602.11

    (750 ILCS 5/602.11)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 602.11. Access to health care, child care, and school records by parents.
    (a) Notwithstanding any other provision of law, access to records and information pertaining to a child including, but not limited to, medical, dental, child care, and school records shall not be denied to a parent for the reason that such parent has not been allocated parental responsibility. A parent who is not allocated parenting time (not denied parental responsibility) is not entitled to access to the child's school or health care records unless a court finds that it is in the child's best interests to provide those records to the parent.
    (b) Health care professionals and health care providers shall grant access to health care records and information pertaining to a child to both parents, unless the health care professional or health care provider receives a court order or judgment that denies access to a specific individual. Except as may be provided by court order, no parent who is a named respondent in an order of protection issued pursuant to the Illinois Domestic Violence Act of 1986 or the Code of Criminal Procedure of 1963 shall have access to the health care records of a child who is a protected person under the order of protection provided the health care professional or health care provider has received a copy of the order of protection. Access to health care records is denied under this Section for as long as the order of protection remains in effect as specified in the order of protection or as otherwise determined by court order.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/603

    (750 ILCS 5/603) (from Ch. 40, par. 603)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 603. Temporary Orders.
    (a) A party to a custody proceeding, including a proceeding to modify custody, may move for a temporary custody order. The court may award temporary custody under the standards of Section 602, the standards and procedures of Section 602.1, and the provisions of subsection (f) of Section 610 after a hearing, or, if there is no objection, solely on the basis of the affidavits or the agreement of the parties if the court finds that the parties' agreement is in the best interest of the child.
    (b) If a proceeding for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed, any temporary custody order is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child requires that a custody judgment be issued.
    (c) If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation, under either subparagraph (ii) of paragraph (1), or paragraph (2), of subsection (d) of Section 601, is dismissed, any temporary custody order is vacated.
(Source: P.A. 97-659, eff. 6-1-12. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/603.5

    (750 ILCS 5/603.5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 603.5. Temporary orders.
    (a) A court may order a temporary allocation of parental responsibilities in the child's best interests before the entry of a final allocation judgment. Any temporary allocation shall be made in accordance with the standards set forth in Sections 602.5 and 602.7: (i) after a hearing; or (ii) if there is no objection, on the basis of a parenting plan that, at a minimum, complies with subsection (f) of Section 602.10.
    (b) A temporary order allocating parental responsibilities shall be deemed vacated when the action in which it was granted is dismissed, unless a parent moves to continue the action for allocation of parental responsibilities filed under Section 601.5.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/603.10

    (750 ILCS 5/603.10)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 603.10. Restriction of parental responsibilities.
    (a) After a hearing, if the court finds by a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child's mental, moral, or physical health or that significantly impaired the child's emotional development, the court shall enter orders as necessary to protect the child. Such orders may include, but are not limited to, orders for one or more of the following:
        (1) a reduction, elimination, or other adjustment of
    
the parent's decision-making responsibilities or parenting time, or both decision-making responsibilities and parenting time;
        (2) supervision, including ordering the Department of
    
Children and Family Services to exercise continuing supervision under Section 5 of the Children and Family Services Act;
        (3) requiring the exchange of the child between the
    
parents through an intermediary or in a protected setting;
        (4) restraining a parent's communication with or
    
proximity to the other parent or the child;
        (5) requiring a parent to abstain from possessing or
    
consuming alcohol or non-prescribed drugs while exercising parenting time with the child and within a specified period immediately preceding the exercise of parenting time;
        (6) restricting the presence of specific persons
    
while a parent is exercising parenting time with the child;
        (7) requiring a parent to post a bond to secure the
    
return of the child following the parent's exercise of parenting time or to secure other performance required by the court;
        (8) requiring a parent to complete a treatment
    
program for perpetrators of abuse, for drug or alcohol abuse, or for other behavior that is the basis for restricting parental responsibilities under this Section; and
        (9) any other constraints or conditions that the
    
court deems necessary to provide for the child's safety or welfare.
    (b) The court may modify an order restricting parental responsibilities if, after a hearing, the court finds by a preponderance of the evidence that a modification is in the child's best interests based on (i) a change of circumstances that occurred after the entry of an order restricting parental responsibilities; or (ii) conduct of which the court was previously unaware that seriously endangers the child. In determining whether to modify an order under this subsection, the court must consider factors that include, but need not be limited to, the following:
        (1) abuse, neglect, or abandonment of the child;
        (2) abusing or allowing abuse of another person that
    
had an impact upon the child;
        (3) use of drugs, alcohol, or any other substance in
    
a way that interferes with the parent's ability to perform caretaking functions with respect to the child; and
        (4) persistent continuing interference with the other
    
parent's access to the child, except for actions taken with a reasonable, good-faith belief that they are necessary to protect the child's safety pending adjudication of the facts underlying that belief, provided that the interfering parent initiates a proceeding to determine those facts as soon as practicable.
    (c) An order granting parenting time to a parent or visitation to another person may be revoked by the court if that parent or other person is found to have knowingly used his or her parenting time or visitation to facilitate contact between the child and a parent who has been barred from contact with the child or to have knowingly used his or her parenting time or visitation to facilitate contact with the child that violates any restrictions imposed on a parent's parenting time by a court of competent jurisdiction. Nothing in this subsection limits a court's authority to enforce its orders in any other manner authorized by law.
    (d) If parenting time of a parent is restricted, an order granting visitation to a non-parent with a child or an order granting parenting time to the other parent shall contain the following language:
        "If a person granted parenting time or visitation
    
under this order uses that time to facilitate contact between the child and a parent whose parenting time is restricted, or if such a person violates any restrictions placed on parenting time or visitation by the court, the parenting time or visitation granted under this order shall be revoked until further order of court."
    (e) A parent who, after a hearing, is determined by the court to have been convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age, including but not limited to an offense under Article 11 of the Criminal Code of 2012, is not entitled to parenting time while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense, until the parent complies with such terms and conditions as the court determines are in the child's best interests, taking into account the exact nature of the offense and what, if any, treatment in which the parent successfully participated.
    (f) A parent may not, while the child is present, visit any person granted visitation or parenting time who has been convicted of first degree murder, unless the court finds, after considering all relevant factors, including those set forth in subsection (b) of Section 602.7, that it would be in the child's best interests to allow the child to be present during such a visit.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/604

    (750 ILCS 5/604) (from Ch. 40, par. 604)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 604. Interviews.)
    (a) The court may interview the child in chambers to ascertain the child's wishes as to his custodian and as to visitation. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
    (b) The court may seek the advice of professional personnel, whether or not employed by the court on a regular basis. The advice given shall be in writing and made available by the court to counsel. Counsel may examine, as a witness, any professional personnel consulted by the court, designated as a court's witness. Professional personnel consulted by the court are subject to subpoena for the purposes of discovery, trial, or both. The court shall allocate the costs and fees of those professional personnel between the parties based upon the financial ability of each party and any other criteria the court considers appropriate. Upon the request of any party or upon the court's own motion, the court may conduct a hearing as to the reasonableness of those fees and costs.
(Source: P.A. 97-47, eff. 1-1-12. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/604.5

    (750 ILCS 5/604.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 604.5. Evaluation of child's best interest.
    (a) In a proceeding for custody, visitation, or removal of a child from Illinois, upon notice and motion made within a reasonable time before trial, the court may order an evaluation concerning the best interest of the child as it relates to custody, visitation, or removal. The motion may be made by a party, a parent, the child's custodian, the attorney for the child, the child's guardian ad litem, or the child's representative. The requested evaluation may be in place of or in addition to an evaluation conducted under subsection (b) of Section 604.
    The motion shall state the identity of the proposed evaluator and set forth the evaluator's specialty or discipline. The court may refuse to order an evaluation by the proposed evaluator, but in that event, the court may permit the party seeking the evaluation to propose one or more other evaluators.
    (b) An order for an evaluation shall fix the time, place, conditions, and scope of the evaluation and shall designate the evaluator. A party or person shall not be required to travel an unreasonable distance for the evaluation.
    (c) The person requesting an evaluator shall pay the fee for the evaluation unless otherwise ordered by the court.
    (d) Within 21 days after the completion of the evaluation, if the moving party or person intends to call the evaluator as a witness, the evaluator shall prepare and mail or deliver to the attorneys of record duplicate originals of the written evaluation. The evaluation shall set forth the evaluator's findings, the results of all tests administered, and the evaluator's conclusions and recommendations. If the written evaluation is not delivered or mailed to the attorneys within 21 days or within any extensions or modifications granted by the court, the written evaluation and the evaluator's testimony, conclusions, and recommendations may not be received into evidence.
    (e) The person calling an evaluator to testify at trial shall disclose the evaluator as an opinion witness in accordance with the Supreme Court Rules.
    (f) Subject to compliance with the Supreme Court Rules, nothing in this Section bars a person who did not request the evaluation from calling the evaluator as a witness. In that case, however, that person shall pay the evaluator's fee for testifying unless otherwise ordered by the court.
(Source: P.A. 91-746, eff. 6-2-00. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/604.10

    (750 ILCS 5/604.10)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 604.10. Interviews; evaluations; investigation.
    (a) Court's interview of child. The court may interview the child in chambers to ascertain the child's wishes as to the allocation of parental responsibilities. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The entire interview shall be recorded by a court reporter. The transcript of the interview shall be filed under seal and released only upon order of the court. The cost of the court reporter and transcript shall be paid by the court.
    (b) Court's professional. The court may seek the advice of any professional, whether or not regularly employed by the court, to assist the court in determining the child's best interests. The advice to the court shall be in writing and sent by the professional to counsel for the parties and to the court, under seal. The writing may be admitted into evidence without testimony from its author, unless a party objects. A professional consulted by the court shall testify as the court's witness and be subject to cross-examination. The court shall order all costs and fees of the professional to be paid by one or more of the parties, subject to reallocation in accordance with subsection (a) of Section 508.
    The professional's report must, at a minimum, set forth the following:
        (1) a description of the procedures employed during
    
the evaluation;
        (2) a report of the data collected;
        (3) all test results;
        (4) any conclusions of the professional relating to
    
the allocation of parental responsibilities under Sections 602.5 and 602.7;
        (5) any recommendations of the professional
    
concerning the allocation of parental responsibilities or the child's relocation; and
        (6) an explanation of any limitations in the
    
evaluation or any reservations of the professional regarding the resulting recommendations.
    The professional shall send his or her report to all attorneys of record, and to any party not represented, at least 60 days before the hearing on the allocation of parental responsibilities. The court shall examine and consider the professional's report only after it has been admitted into evidence or after the parties have waived their right to cross-examine the professional.
    (c) Evaluation by a party's retained professional. In a proceeding to allocate parental responsibilities or to relocate a child, upon notice and motion made by a parent or any party to the litigation within a reasonable time before trial, the court shall order an evaluation to assist the court in determining the child's best interests unless the court finds that an evaluation under this Section is untimely or not in the best interests of the child. The evaluation may be in place of or in addition to any advice given to the court by a professional under subsection (b). A motion for an evaluation under this subsection must, at a minimum, identify the proposed evaluator and the evaluator's specialty or discipline. An order for an evaluation under this subsection must set forth the evaluator's name, address, and telephone number and the time, place, conditions, and scope of the evaluation. No person shall be required to travel an unreasonable distance for the evaluation. The party requesting the evaluation shall pay the evaluator's fees and costs unless otherwise ordered by the court.
    The evaluator's report must, at a minimum, set forth the following:
        (1) a description of the procedures employed during
    
the evaluation;
        (2) a report of the data collected;
        (3) all test results;
        (4) any conclusions of the evaluator relating to the
    
allocation of parental responsibilities under Sections 602.5 and 602.7;
        (5) any recommendations of the evaluator concerning
    
the allocation of parental responsibilities or the child's relocation; and
        (6) an explanation of any limitations in the
    
evaluation or any reservations of the evaluator regarding the resulting recommendations.
    A party who retains a professional to conduct an evaluation under this subsection shall cause the evaluator's written report to be sent to the attorneys of record no less than 60 days before the hearing on the allocation of parental responsibilities, unless otherwise ordered by the court; if a party fails to comply with this provision, the court may not admit the evaluator's report into evidence and may not allow the evaluator to testify.
    The party calling an evaluator to testify at trial shall disclose the evaluator as a controlled expert witness in accordance with the Supreme Court Rules.
    Any party to the litigation may call the evaluator as a witness. That party shall pay the evaluator's fees and costs for testifying, unless otherwise ordered by the court.
    (d) Investigation. Upon notice and a motion by a parent or any party to the litigation, or upon the court's own motion, the court may order an investigation and report to assist the court in allocating parental responsibilities. The investigation may be made by any agency, private entity, or individual deemed appropriate by the court. The agency, private entity, or individual appointed by the court must have expertise in the area of allocation of parental responsibilities. The court shall specify the purpose and scope of the investigation.
    The investigator's report must, at a minimum, set forth the following:
        (1) a description of the procedures employed during
    
the investigation;
        (2) a report of the data collected;
        (3) all test results;
        (4) any conclusions of the investigator relating to
    
the allocation of parental responsibilities under Sections 602.5 and 602.7;
        (5) any recommendations of the investigator
    
concerning the allocation of parental responsibilities or the child's relocation; and
        (6) an explanation of any limitations in the
    
investigation or any reservations of the investigator regarding the resulting recommendations.
    The investigator shall send his or her report to all attorneys of record, and to any party not represented, at least 60 days before the hearing on the allocation of parental responsibilities. The court shall examine and consider the investigator's report only after it has been admitted into evidence or after the parties have waived their right to cross-examine the investigator.
    The investigator shall make available to all attorneys of record, and to any party not represented, the investigator's file, and the names and addresses of all persons whom the investigator has consulted, except that if such disclosure would risk abuse to the party or any member of the party's immediate family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from the report. Any party to the proceeding may call the investigator, or any person consulted by the investigator as a court's witness, for cross-examination. No fees shall be paid for any investigation by a governmental agency. The fees incurred by any other investigator shall be allocated in accordance with Section 508.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/605

    (750 ILCS 5/605) (from Ch. 40, par. 605)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 605. Investigations and Reports. (a) In contested custody proceedings, and in other custody proceedings if a parent or the child's custodian so requests, the court may order an investigation and report concerning custodial arrangements for the child. The investigation and report may be made by a child welfare agency approved by the Department of Children and Family Services, but shall not be made by that Department unless the court determines either that there is no child welfare agency available or that the parent or the child's custodian is financially unable to pay for the investigation or report.
    (b) In preparing his report concerning a child, the investigator may consult any person who may have information about the child and his potential custodial arrangements. Under order of the court, the investigator may refer the child to professional personnel for diagnosis. The investigator may consult with and obtain information from medical, psychiatric or other expert persons who have served the child in the past, without obtaining the consent of the parent or the child's custodian. The child's consent must be obtained if he has reached the age of 16, unless the court finds that he lacks mental capacity to consent.
    (c) The investigator shall mail the report to counsel, and to any party not represented by counsel, at least 10 days prior to the hearing. The court may examine and consider the investigator's report in determining custody. The investigator shall make available to counsel, and to any party not represented by counsel, the investigator's file of underlying data, reports, and the complete texts of diagnostic reports made to the investigator pursuant to the provisions of subsection (b) of this Section, and the names and addresses of all persons whom the investigator has consulted. Any party to the proceeding may call the investigator, or any person whom he has consulted, as a court's witness, for cross-examination. A party may not waive his right of cross-examination prior to the hearing.
(Source: P.A. 86-659. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/606

    (750 ILCS 5/606) (from Ch. 40, par. 606)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 606. Hearings.
    (a) Custody proceedings shall receive priority in being set for hearing.
    (b) The court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the court deems necessary to determine the best interest of the child.
    (c) The court, without a jury, shall determine questions of law and fact. If it finds that a public hearing may be detrimental to the child's best interest, the court may exclude the public from a custody hearing, but may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the court.
    (d) If the court finds it necessary, in order to protect the child's welfare, that the record of any interview, report, investigation, or testimony in a custody proceeding be kept secret, the court may make an appropriate order sealing the record.
    (e) Previous statements made by the child relating to any allegations that the child is an abused or neglected child within the meaning of the Abused and Neglected Child Reporting Act, or an abused or neglected minor within the meaning of the Juvenile Court Act of 1987, shall be admissible in evidence in a hearing concerning custody of or visitation with the child. No such statement, however, if uncorroborated and not subject to cross-examination, shall be sufficient in itself to support a finding of abuse or neglect.
    (f) Custody and visitation proceedings in which a parent is a member of the United States Armed Forces who is deployed or who has orders to be deployed shall, upon the request of either party or on the court's own motion receive expedited priority in being set for hearing.
    (g) In any custody or visitation proceeding in which a parent is a member of the United States Armed Forces who is deployed or who has orders to be deployed, the court shall, upon a request of the service member, permit the deployed parent who is unavailable to appear for the proceeding to testify by telephone, audiovisual means, or other electronic means. The court shall cooperate with the deployed parent in designating an appropriate location for the testimony.
(Source: P.A. 97-659, eff. 6-1-12. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/606.5

    (750 ILCS 5/606.5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 606.5. Hearings.
    (a) Proceedings to allocate parental responsibilities shall receive priority in being set for hearing.
    (b) The court, without a jury, shall determine questions of law and fact.
    (c) Previous statements made by the child relating to any allegations that the child is an abused or neglected child within the meaning of the Abused and Neglected Child Reporting Act, or an abused or neglected minor within the meaning of the Juvenile Court Act of 1987, shall be admissible in evidence in a hearing concerning allocation of parental responsibilities in accordance with Section 11.1 of the Abused and Neglected Child Reporting Act. No such statement, however, if uncorroborated and not subject to cross-examination, shall be sufficient in itself to support a finding of abuse or neglect.
    (d) If the court finds that a public hearing may be detrimental to the child's best interests, the court shall exclude the public from the hearing, but the court may admit any person having:
        (1) a direct and legitimate interest in the case; or
        (2) a legitimate educational or research interest in
    
the work of the court, but only with the permission of both parties and subject to court approval.
    (e) The court may make an appropriate order sealing the records of any interview, report, investigation, or testimony.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/606.10

    (750 ILCS 5/606.10)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 606.10. Designation of custodian for purposes of other statutes. Solely for the purposes of all State and federal statutes that require a designation or determination of custody or a custodian, a parenting plan shall designate the parent who is allocated the majority of parenting time. This designation shall not affect parents' rights and responsibilities under the parenting plan. For purposes of Section 10-20.12b of the School Code only, the parent with the majority of parenting time is considered to have legal custody.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/607

    (750 ILCS 5/607) (from Ch. 40, par. 607)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 607. Visitation.
    (a) A parent not granted custody of the child is entitled to reasonable visitation rights unless the court finds, after a hearing, that visitation would endanger seriously the child's physical, mental, moral or emotional health. If the custodian's street address is not identified, pursuant to Section 708, the court shall require the parties to identify reasonable alternative arrangements for visitation by a non-custodial parent, including but not limited to visitation of the minor child at the residence of another person or at a local public or private facility.
        (1) "Visitation" means in-person time spent between a
    
child and the child's parent. In appropriate circumstances, it may include electronic communication under conditions and at times determined by the court.
        (2) "Electronic communication" means time that a
    
parent spends with his or her child during which the child is not in the parent's actual physical custody, but which is facilitated by the use of communication tools such as the telephone, electronic mail, instant messaging, video conferencing or other wired or wireless technologies via the Internet, or another medium of communication.
    (a-3) Grandparents, great-grandparents, and siblings of a minor child, who is one year old or older, have standing to bring an action in circuit court by petition, requesting visitation in accordance with this Section. The term "sibling" in this Section means a brother, sister, stepbrother, or stepsister of the minor child. Grandparents, great-grandparents, and siblings also have standing to file a petition for visitation and any electronic communication rights in a pending dissolution proceeding or any other proceeding that involves custody or visitation issues, requesting visitation in accordance with this Section. A petition for visitation with a child by a person other than a parent must be filed in the county in which the child resides. Nothing in this subsection (a-3) and subsection (a-5) of this Section shall apply to a child in whose interests a petition is pending under Section 2-13 of the Juvenile Court Act of 1987 or a petition to adopt an unrelated child is pending under the Adoption Act.
    (a-5)(1) Except as otherwise provided in this subsection (a-5), any grandparent, great-grandparent, or sibling may file a petition for visitation rights to a minor child if there is an unreasonable denial of visitation by a parent and at least one of the following conditions exists:
        (A) (Blank);
        (A-5) the child's other parent is deceased or has
    
been missing for at least 3 months. For the purposes of this Section a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency;
        (A-10) a parent of the child is incompetent as a
    
matter of law;
        (A-15) a parent has been incarcerated in jail or
    
prison during the 3 month period preceding the filing of the petition;
        (B) the child's mother and father are divorced or
    
have been legally separated from each other or there is pending a dissolution proceeding involving a parent of the child or another court proceeding involving custody or visitation of the child (other than any adoption proceeding of an unrelated child) and at least one parent does not object to the grandparent, great-grandparent, or sibling having visitation with the child. The visitation of the grandparent, great-grandparent, or sibling must not diminish the visitation of the parent who is not related to the grandparent, great-grandparent, or sibling seeking visitation;
        (C) (Blank);
        (D) the child is born out of wedlock, the parents are
    
not living together, and the petitioner is a maternal grandparent, great-grandparent, or sibling of the child born out of wedlock; or
        (E) the child is born out of wedlock, the parents are
    
not living together, the petitioner is a paternal grandparent, great-grandparent, or sibling, and the paternity has been established by a court of competent jurisdiction.
    (2) Any visitation rights granted pursuant to this Section before the filing of a petition for adoption of a child shall automatically terminate by operation of law upon the entry of an order terminating parental rights or granting the adoption of the child, whichever is earlier. If the person or persons who adopted the child are related to the child, as defined by Section 1 of the Adoption Act, any person who was related to the child as grandparent, great-grandparent, or sibling prior to the adoption shall have standing to bring an action pursuant to this Section requesting visitation with the child.
    (3) In making a determination under this subsection (a-5), there is a rebuttable presumption that a fit parent's actions and decisions regarding grandparent, great-grandparent, or sibling visitation are not harmful to the child's mental, physical, or emotional health. The burden is on the party filing a petition under this Section to prove that the parent's actions and decisions regarding visitation times are harmful to the child's mental, physical, or emotional health.
    (4) In determining whether to grant visitation, the court shall consider the following:
        (A) the preference of the child if the child is
    
determined to be of sufficient maturity to express a preference;
        (B) the mental and physical health of the child;
        (C) the mental and physical health of the
    
grandparent, great-grandparent, or sibling;
        (D) the length and quality of the prior relationship
    
between the child and the grandparent, great-grandparent, or sibling;
        (E) the good faith of the party in filing the
    
petition;
        (F) the good faith of the person denying visitation;
        (G) the quantity of the visitation time requested and
    
the potential adverse impact that visitation would have on the child's customary activities;
        (H) whether the child resided with the petitioner for
    
at least 6 consecutive months with or without the current custodian present;
        (I) whether the petitioner had frequent or regular
    
contact or visitation with the child for at least 12 consecutive months;
        (J) any other fact that establishes that the loss of
    
the relationship between the petitioner and the child is likely to harm the child's mental, physical, or emotional health; and
        (K) whether the grandparent, great-grandparent, or
    
sibling was a primary caretaker of the child for a period of not less than 6 consecutive months.
    (5) The court may order visitation rights for the grandparent, great-grandparent, or sibling that include reasonable access without requiring overnight or possessory visitation.
    (a-7)(1) Unless by stipulation of the parties, no motion to modify a grandparent, great-grandparent, or sibling visitation order may be made earlier than 2 years after the date the order was filed, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously the child's mental, physical, or emotional health.
    (2) The court shall not modify an order that grants visitation to a grandparent, great-grandparent, or sibling unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior visitation order or that were unknown to the court at the time of entry of the prior visitation, that a change has occurred in the circumstances of the child or his or her custodian, and that the modification is necessary to protect the mental, physical, or emotional health of the child. The court shall state in its decision specific findings of fact in support of its modification or termination of the grandparent, great-grandparent, or sibling visitation. A child's parent may always petition to modify visitation upon changed circumstances when necessary to promote the child's best interest.
    (3) Attorney fees and costs shall be assessed against a party seeking modification of the visitation order if the court finds that the modification action is vexatious and constitutes harassment.
    (4) Notice under this subsection (a-7) shall be given as provided in subsections (c) and (d) of Section 601.
    (b) (1) (Blank.)
    (1.5) The Court may grant reasonable visitation privileges to a stepparent upon petition to the court by the stepparent, with notice to the parties required to be notified under Section 601 of this Act, if the court determines that it is in the best interests and welfare of the child, and may issue any necessary orders to enforce those visitation privileges. A petition for visitation privileges may be filed under this paragraph (1.5) whether or not a petition pursuant to this Act has been previously filed or is currently pending if the following circumstances are met:
        (A) the child is at least 12 years old;
        (B) the child resided continuously with the parent
    
and stepparent for at least 5 years;
        (C) the parent is deceased or is a person with a
    
disability and is unable to care for the child;
        (D) the child wishes to have reasonable visitation
    
with the stepparent; and
        (E) the stepparent was providing for the care,
    
control, and welfare to the child prior to the initiation of the petition for visitation.
    (2)(A) A petition for visitation privileges shall not be filed pursuant to this subsection (b) by the parents or grandparents of a putative father if the paternity of the putative father has not been legally established.
    (B) A petition for visitation privileges may not be filed under this subsection (b) if the child who is the subject of the grandparents' or great-grandparents' petition has been voluntarily surrendered by the parent or parents, except for a surrender to the Illinois Department of Children and Family Services or a foster care facility, or has been previously adopted by an individual or individuals who are not related to the biological parents of the child or is the subject of a pending adoption petition by an individual or individuals who are not related to the biological parents of the child.
    (3) (Blank).
    (c) The court may modify an order granting or denying visitation rights of a parent whenever modification would serve the best interest of the child; but the court shall not restrict a parent's visitation rights unless it finds that the visitation would endanger seriously the child's physical, mental, moral or emotional health.
    (d) If any court has entered an order prohibiting a non-custodial parent of a child from any contact with a child or restricting the non-custodial parent's contact with the child, the following provisions shall apply:
        (1) If an order has been entered granting visitation
    
privileges with the child to a grandparent or great-grandparent who is related to the child through the non-custodial parent, the visitation privileges of the grandparent or great-grandparent may be revoked if:
            (i) a court has entered an order prohibiting the
        
non-custodial parent from any contact with the child, and the grandparent or great-grandparent is found to have used his or her visitation privileges to facilitate contact between the child and the non-custodial parent; or
            (ii) a court has entered an order restricting the
        
non-custodial parent's contact with the child, and the grandparent or great-grandparent is found to have used his or her visitation privileges to facilitate contact between the child and the non-custodial parent in a manner that violates the terms of the order restricting the non-custodial parent's contact with the child.
        Nothing in this subdivision (1) limits the authority
    
of the court to enforce its orders in any manner permitted by law.
        (2) Any order granting visitation privileges with the
    
child to a grandparent or great-grandparent who is related to the child through the non-custodial parent shall contain the following provision:
        "If the (grandparent or great-grandparent, whichever
    
is applicable) who has been granted visitation privileges under this order uses the visitation privileges to facilitate contact between the child and the child's non-custodial parent, the visitation privileges granted under this order shall be permanently revoked."
    (e) No parent, not granted custody of the child, or grandparent, or great-grandparent, or stepparent, or sibling of any minor child, convicted of any offense involving an illegal sex act perpetrated upon a victim less than 18 years of age including but not limited to offenses for violations of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, is entitled to visitation rights while incarcerated or while on parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for that offense, and upon discharge from incarceration for a misdemeanor offense or upon discharge from parole, probation, conditional discharge, periodic imprisonment, or mandatory supervised release for a felony offense, visitation shall be denied until the person successfully completes a treatment program approved by the court.
    (f) Unless the court determines, after considering all relevant factors, including but not limited to those set forth in Section 602(a), that it would be in the best interests of the child to allow visitation, the court shall not enter an order providing visitation rights and pursuant to a motion to modify visitation shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child who is the subject of the order. Until an order is entered pursuant to this subsection, no person shall visit, with the child present, a person who has been convicted of first degree murder of the parent, grandparent, great-grandparent, or sibling of the child without the consent of the child's parent, other than a parent convicted of first degree murder as set forth herein, or legal guardian.
    (g) (Blank).
    (h) Upon motion, the court may allow a parent who is deployed or who has orders to be deployed as a member of the United States Armed Forces to designate a person known to the child to exercise reasonable substitute visitation on behalf of the deployed parent, if the court determines that substitute visitation is in the best interest of the child. In determining whether substitute visitation is in the best interest of the child, the court shall consider all of the relevant factors listed in subsection (a) of Section 602 and apply those factors to the person designated as a substitute for the deployed parent for visitation purposes.
(Source: P.A. 99-143, eff. 7-27-15. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/607.1

    (750 ILCS 5/607.1) (from Ch. 40, par. 607.1)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 607.1. Enforcement of visitation orders; visitation abuse.
    (a) The circuit court shall provide an expedited procedure for enforcement of court ordered visitation in cases of visitation abuse. Visitation abuse occurs when a party has willfully and without justification: (1) denied another party visitation as set forth by the court; or (2) exercised his or her visitation rights in a manner that is harmful to the child or child's custodian.
    (b) An Action may be commenced by filing a petition setting forth: (i) the petitioner's name, residence address or mailing address, and telephone number; (ii) respondent's name and place of residence, place of employment, or mailing address; (iii) the nature of the visitation abuse, giving dates and other relevant information; (iv) that a reasonable attempt was made to resolve the dispute; and (v) the relief sought.
    Notice of the filing of the petitions shall be given as provided in Section 511.
    (c) After hearing all of the evidence, the court may order one or more of the following:
        (1) Modification of the visitation order to
    
specifically outline periods of visitation or restrict visitation as provided by law.
        (2) Supervised visitation with a third party or
    
public agency.
        (3) Make up visitation of the same time period, such
    
as weekend for weekend, holiday for holiday.
        (4) Counseling or mediation, except in cases where
    
there is evidence of domestic violence, as defined in Section 1 of the Domestic Violence Shelters Act, occurring between the parties.
        (5) Other appropriate relief deemed equitable.
    (c-1) When the court issues an order holding a party in contempt for violation of a visitation order and finds that the party engaged in visitation abuse, the court may order one or more of the following:
        (1) Suspension of a party's Illinois driving
    
privileges pursuant to Section 7-703 of the Illinois Vehicle Code until the court determines that the party is in compliance with the visitation order. The court may also order that a party be issued a family financial responsibility driving permit that would allow limited driving privileges for employment, for medical purposes, and to transport a child to or from scheduled visitation in order to comply with a visitation order in accordance with subsection (a-1) of Section 7-702.1 of the Illinois Vehicle Code.
        (2) Placement of a party on probation with such
    
conditions of probation as the court deems advisable.
        (3) Sentencing of a party to periodic imprisonment
    
for a period not to exceed 6 months; provided, that the court may permit the party to be released for periods of time during the day or night to:
            (A) work; or
            (B) conduct a business or other self-employed
        
occupation.
        (4) Find that a party in engaging in visitation
    
abuse is guilty of a petty offense and should be fined an amount of no more than $500 for each finding of visitation abuse.
    (d) Nothing contained in this Section shall be construed to limit the court's contempt power, except as provided in subsection (g) of this Section.
    (e) When the court issues an order holding a party in contempt of court for violation of a visitation order, the clerk shall transmit a copy of the contempt order to the sheriff of the county. The sheriff shall furnish a copy of each contempt order to the Department of State Police on a daily basis in the form and manner required by the Department. The Department shall maintain a complete record and index of the contempt orders and make this data available to all local law enforcement agencies.
    (f) Attorney fees and costs shall be assessed against a party if the court finds that the enforcement action is vexatious and constitutes harassment.
    (g) A person convicted of unlawful visitation or parenting time interference under Section 10-5.5 of the Criminal Code of 1961 or the Criminal Code of 2012 shall not be subject to the provisions of this Section and the court may not enter a contempt order for visitation abuse against any person for the same conduct for which the person was convicted of unlawful visitation interference or subject that person to the sanctions provided for in this Section.
(Source: P.A. 96-333, eff. 8-11-09; 96-675, eff. 8-25-09; 97-1047, eff. 8-21-12; 97-1150, eff. 1-25-13. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/607.5

    (750 ILCS 5/607.5)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 607.5. Abuse of allocated parenting time.
    (a) The court shall provide an expedited procedure for the enforcement of allocated parenting time.
    (b) An action for the enforcement of allocated parenting time may be commenced by a parent or a person appointed under Section 506 by filing a petition setting forth: (i) the petitioner's name and residence address or mailing address, except that if the petition states that disclosure of petitioner's address would risk abuse of petitioner or any member of petitioner's family or household or reveal the confidential address of a shelter for domestic violence victims, that address may be omitted from the petition; (ii) the respondent's name and place of residence, place of employment, or mailing address; (iii) the terms of the parenting plan or allocation judgment then in effect; (iv) the nature of the violation of the allocation of parenting time, giving dates and other relevant information; and (v) that a reasonable attempt was made to resolve the dispute.
    (c) If the court finds by a preponderance of the evidence that a parent has not complied with allocated parenting time according to an approved parenting plan or a court order, the court, in the child's best interests, shall issue an order that may include one or more of the following:
        (1) an imposition of additional terms and conditions
    
consistent with the court's previous allocation of parenting time or other order;
        (2) a requirement that either or both of the parties
    
attend a parental education program at the expense of the non-complying parent;
        (3) upon consideration of all relevant factors,
    
particularly a history or possibility of domestic violence, a requirement that the parties participate in family or individual counseling, the expense of which shall be allocated by the court;
        (4) a requirement that the non-complying parent post
    
a cash bond or other security to ensure future compliance, including a provision that the bond or other security may be forfeited to the other parent for payment of expenses on behalf of the child as the court shall direct;
        (5) a requirement that makeup parenting time be
    
provided for the aggrieved parent or child under the following conditions:
            (A) that the parenting time is of the same type
        
and duration as the parenting time that was denied, including but not limited to parenting time during weekends, on holidays, and on weekdays and during times when the child is not in school;
            (B) that the parenting time is made up within 6
        
months after the noncompliance occurs, unless the period of time or holiday cannot be made up within 6 months, in which case the parenting time shall be made up within one year after the noncompliance occurs;
        (6) a finding that the non-complying parent is in
    
contempt of court;
        (7) an imposition on the non-complying parent of an
    
appropriate civil fine per incident of denied parenting time;
        (8) a requirement that the non-complying parent
    
reimburse the other parent for all reasonable expenses incurred as a result of the violation of the parenting plan or court order; and
        (9) any other provision that may promote the child's
    
best interests.
    (d) In addition to any other order entered under subsection (c), except for good cause shown, the court shall order a parent who has failed to provide allocated parenting time or to exercise allocated parenting time to pay the aggrieved party his or her reasonable attorney's fees, court costs, and expenses associated with an action brought under this Section. If the court finds that the respondent in an action brought under this Section has not violated the allocated parenting time, the court may order the petitioner to pay the respondent's reasonable attorney's fees, court costs, and expenses incurred in the action.
    (e) Nothing in this Section precludes a party from maintaining any other action as provided by law.
    (f) When the court issues an order holding a party in contempt for violation of a parenting time order and finds that the party engaged in parenting time abuse, the court may order one or more of the following:
        (1) Suspension of a party's Illinois driving
    
privileges pursuant to Section 7-703 of the Illinois Vehicle Code until the court determines that the party is in compliance with the parenting time order. The court may also order that a party be issued a family financial responsibility driving permit that would allow limited driving privileges for employment, for medical purposes, and to transport a child to or from scheduled parenting time in order to comply with a parenting time order in accordance with subsection (a-1) of Section 7-702.1 of the Illinois Vehicle Code.
        (2) Placement of a party on probation with such
    
conditions of probation as the court deems advisable.
        (3) Sentencing of a party to periodic imprisonment
    
for a period not to exceed 6 months; provided, that the court may permit the party to be released for periods of time during the day or night to:
            (A) work; or
            (B) conduct a business or other self-employed
        
occupation.
        (4) Find that a party in engaging in parenting time
    
abuse is guilty of a petty offense and should be fined an amount of no more than $500 for each finding of parenting time abuse.
    (g) When the court issues an order holding a party in contempt of court for violation of a parenting order, the clerk shall transmit a copy of the contempt order to the sheriff of the county. The sheriff shall furnish a copy of each contempt order to the Department of State Police on a daily basis in the form and manner required by the Department. The Department shall maintain a complete record and index of the contempt orders and make this data available to all local law enforcement agencies.
    (h) Nothing contained in this Section shall be construed to limit the court's contempt power.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/608

    (750 ILCS 5/608) (from Ch. 40, par. 608)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 608. Judicial Supervision.
    (a) Except as otherwise agreed by the parties in writing at the time of the custody judgment or as otherwise ordered by the court, the custodian may determine the child's upbringing, including but not limited to, his education, health care and religious training, unless the court, after hearing, finds, upon motion by the noncustodial parent, that the absence of a specific limitation of the custodian's authority would clearly be contrary to the best interests of the child.
    (b) If both parents or all contestants agree to the order, or if the court finds that in the absence of agreement the child's physical health would be endangered or his emotional development significantly impaired, the court may order the Department of Children and Family Services to exercise continuing supervision over the case to assure that the custodial or visitation terms of the judgment are carried out. Supervision shall be carried out under the provisions of Section 5 of the Children and Family Services Act.
    (c) The court may order individual counseling for the child, family counseling for one or more of the parties and the child, or parental education for one or more of the parties, when it finds one or more of the following:
        (1) both parents or all parties agree to the order;
        (2) the court finds that the child's physical health
    
is endangered or his or her emotional development is impaired including, but not limited to, a finding of visitation abuse as defined by Section 607.1; or
        (3) the court finds that one or both of the parties
    
have violated the joint parenting agreement with regard to conduct affecting or in the presence of the child.
    (d) If the court finds that one or more of the parties has violated an order of the court with regards to custody, visitation, or joint parenting, the court shall assess the costs of counseling against the violating party or parties. Otherwise, the court may apportion the costs between the parties as appropriate.
    (e) The remedies provided in this Section are in addition to, and shall not diminish or abridge in any way, the court's power to exercise its authority through contempt or other proceedings.
    (f) All counseling sessions shall be confidential. The communications in counseling shall not be used in any manner in litigation nor relied upon by any expert appointed by the court or retained by any party.
(Source: P.A. 94-640, eff. 1-1-06. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/609

    (750 ILCS 5/609) (from Ch. 40, par. 609)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 609. Leave to Remove Children.)
    (a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.
    (b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.
    The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this subsection.
    (c) The court may not use the availability of electronic communication as a factor in support of a removal of a child by the custodial parent from Illinois.
(Source: P.A. 96-331, eff. 1-1-10. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/609.2

    (750 ILCS 5/609.2)
    (This Section may contain text from a Public Act with a delayed effective date)
    Sec. 609.2. Parent's relocation.
    (a) A parent's relocation constitutes a substantial change in circumstances for purposes of Section 610.5.
    (b) A parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child.
    (c) A parent intending a relocation, as that term is defined in paragraph (1), (2), or (3) of subsection (g) of Section 600 of this Act, must provide written notice of the relocation to the other parent under the parenting plan or allocation judgment. A copy of the notice required under this Section shall be filed with the clerk of the circuit court. The court may waive or seal some or all of the information required in the notice if there is a history of domestic violence.
    (d) The notice must provide at least 60 days' written notice before the relocation unless such notice is impracticable (in which case written notice shall be given at the earliest date practicable) or unless otherwise ordered by the court. At a minimum, the notice must set forth the following:
        (1) the intended date of the parent's relocation;
        (2) the address of the parent's intended new
    
residence, if known; and
        (3) the length of time the relocation will last, if
    
the relocation is not for an indefinite or permanent period.
    The court may consider a parent's failure to comply with the notice requirements of this Section without good cause (i) as a factor in determining whether the parent's relocation is in good faith; and (ii) as a basis for awarding reasonable attorney's fees and costs resulting from the parent's failure to comply with these provisions.
    (e) If the non-relocating parent signs the notice that was provided pursuant to subsection (c) and the relocating parent files the notice with the court, relocation shall be allowed without any further court action. The court shall modify the parenting plan or allocation judgment to accommodate a parent's relocation as agreed by the parents, as long as the agreed modification is in the child's best interests.
    (f) If the non-relocating parent objects to the relocation, fails to sign the notice provided under subsection (c), or the parents cannot agree on modification of the parenting plan or allocation judgment, the parent seeking relocation must file a petition seeking permission to relocate.
    (g) The court shall modify the parenting plan or allocation judgment in accordance with the child's best interests. The court shall consider the following factors:
        (1) the circumstances and reasons for the intended
    
relocation;
        (2) the reasons, if any, why a parent is objecting to
    
the intended relocation;
        (3) the history and quality of each parent's
    
relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;
        (4) the educational opportunities for the child at
    
the existing location and at the proposed new location;
        (5) the presence or absence of extended family at the
    
existing location and at the proposed new location;
        (6) the anticipated impact of the relocation on the
    
child;
        (7) whether the court will be able to fashion a
    
reasonable allocation of parental responsibilities between all parents if the relocation occurs;
        (8) the wishes of the child, taking into account the
    
child's maturity and ability to express reasoned and independent preferences as to relocation;
        (9) possible arrangements for the exercise of
    
parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child;
        (10) minimization of the impairment to a parent-child
    
relationship caused by a parent's relocation; and
        (11) any other relevant factors bearing on the
    
child's best interests.
    (h) If a parent moves with the child 25 miles or less from the child's current primary residence to a new primary residence outside Illinois, Illinois continues to be the home state of the child under subsection (c) of Section 202 of the Uniform Child-Custody Jurisdiction and Enforcement Act. Any subsequent move from the new primary residence outside Illinois greater than 25 miles from the child's original primary residence in Illinois must be in compliance with the provisions of this Section.
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/609.5

    (750 ILCS 5/609.5)
    Sec. 609.5. Notification of remarriage or residency with a sex offender. A parent who intends to marry or reside with a sex offender, and knows or should know that the person with whom he or she intends to marry or reside is a sex offender, shall provide reasonable notice to the other parent with whom he or she has a minor child prior to the marriage or the commencement of the residency.
(Source: P.A. 94-643, eff. 1-1-06.)