98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1768

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/603  from Ch. 40, par. 603

    Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning temporary orders in child custody proceedings.


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A BILL FOR

 

HB1768LRB098 05722 HEP 35761 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 603 as follows:
 
6    (750 ILCS 5/603)  (from Ch. 40, par. 603)
7    Sec. 603. Temporary Orders.
8    (a) A party to a custody proceeding, including a proceeding
9to modify custody, may move for a temporary custody order. The
10The court may award temporary custody under the standards of
11Section 602, the standards and procedures of Section 602.1, and
12the provisions of subsection (f) of Section 610 after a
13hearing, or, if there is no objection, solely on the basis of
14the affidavits or the agreement of the parties if the court
15finds that the parties' agreement is in the best interest of
16the child.
17    (b) If a proceeding for dissolution of marriage or legal
18separation or declaration of invalidity of marriage is
19dismissed, any temporary custody order is vacated unless a
20parent or the child's custodian moves that the proceeding
21continue as a custody proceeding and the court finds, after a
22hearing, that the circumstances of the parents and the best
23interest of the child requires that a custody judgment be

 

 

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1issued.
2    (c) If a custody proceeding commenced in the absence of a
3petition for dissolution of marriage or legal separation, under
4either subparagraph (ii) of paragraph (1), or paragraph (2), of
5subsection (d) of Section 601, is dismissed, any temporary
6custody order is vacated.
7(Source: P.A. 97-659, eff. 6-1-12.)