Illinois Compiled Statutes
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FAMILIES750 ILCS 5/Pt. VI
(750 ILCS 5/) Illinois Marriage and Dissolution of Marriage Act.
(750 ILCS 5/Pt. VI heading)
750 ILCS 5/601
(750 ILCS 5/601)
(from Ch. 40, par. 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; or
(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
disabled 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;
(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.
(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
(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.
(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. 97-1150, eff. 1-25-13.)
750 ILCS 5/601.5
(750 ILCS 5/601.5)
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.)
750 ILCS 5/602
(750 ILCS 5/602)
(from Ch. 40, par. 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
(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
(5) the mental and physical health of all individuals
(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
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.)
750 ILCS 5/602.1
(750 ILCS 5/602.1)
(from Ch. 40, par. 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
(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.)
750 ILCS 5/603
(750 ILCS 5/603)
(from Ch. 40, par. 603)
(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
750 ILCS 5/604
(750 ILCS 5/604)
(from Ch. 40, par. 604)
(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.)
750 ILCS 5/604.5
(750 ILCS 5/604.5)
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
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.
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
(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
(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.
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
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
(Source: P.A. 91-746, eff. 6-2-00.)
750 ILCS 5/605
(750 ILCS 5/605)
(from Ch. 40, par. 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.)
750 ILCS 5/606
(750 ILCS 5/606)
(from Ch. 40, par. 606)
(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
that the record of any interview, report, investigation, or testimony in a
proceeding be kept secret, the court may make an appropriate order sealing the
(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
750 ILCS 5/607
(750 ILCS 5/607)
(from Ch. 40, par. 607)
(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
(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
visitation rights to a minor child if there is an unreasonable denial of visitation by a parent and at least one
following conditions exists:
(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
(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;
(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
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
(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 disabled and is
unable to care for the child;
(D) the child wishes to have reasonable visitation
(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.
(c) The court may modify an order granting or denying visitation
rights of a parent whenever modification would serve the best interest of
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
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
(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. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12; 97-1150, eff. 1-25-13
750 ILCS 5/607.1
(750 ILCS 5/607.1)
(from Ch. 40, par. 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
(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
(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
(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
(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
(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
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.)
750 ILCS 5/608
(750 ILCS 5/608)
(from Ch. 40, par. 608)
(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
(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.)
750 ILCS 5/609
(750 ILCS 5/609)
(from Ch. 40, par. 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.)
750 ILCS 5/609.5
(750 ILCS 5/609.5)
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.)
750 ILCS 5/610
(750 ILCS 5/610)
(from Ch. 40, par. 610)
(a) Unless by stipulation of the parties or except as provided in subsection (a-5), no motion
to modify a custody judgment may be made earlier than 2 years after its
date, 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 his physical, mental, moral or emotional health.
(a-5) A motion to modify a custody judgment may be made at any time by a party who has been informed of the existence of facts requiring notice to be given under Section 609.5.
(b) The court shall not modify a prior custody judgment unless it finds by
clear and convincing evidence, upon the basis of facts that have arisen since
the prior judgment or that were unknown to the court at the time of entry of
the prior judgment, that a change has occurred in the circumstances of the
child or his custodian, or in the case of a joint custody arrangement that a
change has occurred in the circumstances of the child or either or both parties
having custody, and that the modification is necessary to serve the best
interest of the child. The existence of facts requiring notice to be given under Section 609.5 of this Act shall be considered a change in circumstance. In the case of joint custody, if the parties agree to a
termination of a joint custody arrangement, the court shall so terminate the
joint custody and make any modification which is in the child's best interest.
The court shall state in its decision specific findings of fact in support of
its modification or termination of joint custody if either parent opposes the
modification or termination.
(c) Attorney fees and costs shall be assessed against a party seeking
modification if the court finds that the modification action is vexatious
and constitutes harassment.
(d) Notice under this Section shall be given as provided in
subsections (c) and (d) of Section 601.
(f) A court may only provide for a temporary modification of a custody or visitation order during a period of a parent's deployment by the United States Armed Forces in order to make reasonable accommodations necessitated by the deployment. The temporary order shall specify that deployment is the basis for the order and shall include provisions for:
(1) custody or reasonable visitation during a period
of leave granted to the deployed parent if the custody or reasonable visitation is in the child's best interest;
(2) if appropriate, visitation by electronic
(3) the court's reservation of jurisdiction to
modify or terminate the temporary modification order upon the termination of the deployed parent's deployment upon such terms and conditions as the court may deem necessary to serve the child's best interest at the time of the termination of the deployment.
(g) A party's past, current, or possible future absence or relocation, or failure to comply with the court's orders on custody, visitation, or parenting time may not, by itself, be sufficient to justify a modification of a prior order if the reason for the absence, relocation or failure to comply is the party's deployment as a member of the United States Armed Forces.
(Source: P.A. 96-676, eff. 1-1-10; 97-659, eff. 6-1-12
750 ILCS 5/611
(750 ILCS 5/611)
(from Ch. 40, par. 611)
Enforcement of custody order or order prohibiting removal of
child from the jurisdiction of the court.
(a) The court may enter a judgment to enforce a custody order or a court
order prohibiting removal of the child from the jurisdiction of the court
if it finds that the respondent has violated the terms of the court order
by having improperly removed the child from the physical custody of the
petitioner or another person entitled to custody or by having improperly
retained the child after a visit or other temporary relinquishment of
If the general whereabouts of the child are known, the judgment
shall direct any sheriff or law enforcement officer to provide assistance
to the petitioner in apprehending the child and shall further authorize any
child care personnel, babysitter, teacher or any person having physical
custody of the child to surrender the child to such sheriff or law
(b) The court may enter a judgment pursuant to subsection (a) of this
Section without prior notice to the respondent if the court finds that
prior notice would be likely to cause the respondent's flight from the
jurisdiction or cause further removal or concealment of the child. If an ex
parte order is entered pursuant to this subsection, the respondent may,
upon 2 days notice to the petitioner or upon such shorter notice as the
court may prescribe, appear and move for the dissolution or modification of
the judgment and in that event the court shall proceed to hear and determine
such motion as expeditiously as possible.
(c) Nothing contained in this Section shall be construed to limit the
court's contempt power.
(Source: P.A. 83-1396.)