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 5/515

    (750 ILCS 5/515) (from Ch. 40, par. 515)
    Sec. 515. (Repealed).
(Source: P.A. 83-358. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/516

    (750 ILCS 5/516) (from Ch. 40, par. 516)
    Sec. 516. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/517

    (750 ILCS 5/517)
    Sec. 517. (Repealed).
(Source: P.A. 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 Repealed by P.A. 99-90, eff. 1-1-16.)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)
PART VI
ALLOCATION OF PARENTAL RESPONSIBILITIES
(Source: P.A. 99-90, eff. 1-1-16.)

750 ILCS 5/600

    (750 ILCS 5/600)
    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, as measured by an Internet mapping service;
        (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, as measured by an Internet mapping service; 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, as measured by an Internet mapping service.
    (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; 99-763, eff. 1-1-17.)

750 ILCS 5/601

    (750 ILCS 5/601) (from Ch. 40, par. 601)
    Sec. 601. (Repealed).
(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)
    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)
    Sec. 601.5. (Repealed).
(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)
    Sec. 602. (Repealed).
(Source: P.A. 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)
    Sec. 602.1. (Repealed).
(Source: P.A. 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)
    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)
    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)
    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)
    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)
    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) (i) the child is born to parents who are not
        
married to each other; (ii) the parents are not living together; (iii) the petitioner is a grandparent, great-grandparent, step-parent, or sibling of the child; and (iv) the parent-child relationship has been legally established. For purposes of this subdivision (E), if the petitioner is a grandparent or great-grandparent, the parent-child relationship need be legally established only with respect to the parent who is related to the grandparent or great-grandparent. For purposes of this subdivision (E), if the petitioner is a step-parent, the parent-child relationship need be legally established only with respect to the parent who is married to the petitioner or was married to the petitioner immediately before the parent's death.
        (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 this Section.
    (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; 99-763, eff. 1-1-17; 100-706, eff. 1-1-19.)

750 ILCS 5/602.10

    (750 ILCS 5/602.10)
    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. If no appearance has been filed by the respondent, no parenting plan is required unless ordered by the court.
    (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 not in the best interests of the child. 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 Section 602.11;
        (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; 99-763, eff. 1-1-17.)

750 ILCS 5/602.11

    (750 ILCS 5/602.11)
    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; 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 Domestic Violence Act of 1986 or the Code of Criminal Procedure of 1963.
    (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; 99-763, eff. 1-1-17.)