[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB0671
LRB9101366SMpr
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Section 607.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 607 as follows:
7 (750 ILCS 5/607) (from Ch. 40, par. 607)
8 (Text of Section before amendment by P.A. 90-801)
9 Sec. 607. Visitation.
10 (a) A parent not granted custody of the child is
11 entitled to reasonable visitation rights unless the court
12 finds, after a hearing, that visitation would endanger
13 seriously the child's physical, mental, moral or emotional
14 health. If the custodian's street address is not identified,
15 pursuant to Section 708, the court shall require the parties
16 to identify reasonable alternative arrangements for
17 visitation by a non-custodial parent, including but not
18 limited to visitation of the minor child at the residence of
19 another person or at a local public or private facility.
20 (b) (1) The court may grant reasonable visitation
21 privileges to a grandparent, great-grandparent, or sibling of
22 any minor child upon petition to the court by the
23 grandparents or great-grandparents or on behalf of the
24 sibling, with notice to the parties required to be notified
25 under Section 601 of this Act, if the court determines that
26 it is in the best interests and welfare of the child, and may
27 issue any necessary orders to enforce such visitation
28 privileges. Except as provided in paragraph (2) of this
29 subsection (b), a petition for visitation privileges may be
30 filed under this paragraph (1) whether or not a petition
31 pursuant to this Act has been previously filed or is
-2- LRB9101366SMpr
1 currently pending if one or more of the following
2 circumstances exist:
3 (A) the parents are not currently cohabiting on a
4 permanent or an indefinite basis;
5 (B) one of the parents has been absent from the
6 marital abode for more than one month without the spouse
7 knowing his or her whereabouts;
8 (C) one of the parents is deceased;
9 (D) one of the parents joins in the petition with
10 the grandparents, great-grandparents, or sibling; or
11 (E) a sibling is in State custody.
12 (1.5) The Court may grant reasonable visitation
13 privileges to a stepparent upon petition to the court by the
14 stepparent, with notice to the parties required to be
15 notified under Section 601 of this Act, if the court
16 determines that it is in the best interests and welfare of
17 the child, and may issue any necessary orders to enforce
18 those visitation privileges. A petition for visitation
19 privileges may be filed under this paragraph (1.5) whether or
20 not a petition pursuant to this Act has been previously filed
21 or is currently pending if the following circumstances are
22 met:
23 (A) the child is at least 12 years old;
24 (B) the child resided continuously with the parent
25 and stepparent for at least 5 years;
26 (C) the parent is deceased or is disabled and is
27 unable to care for the child;
28 (D) the child wishes to have reasonable visitation
29 with the stepparent; and
30 (E) the stepparent was providing for the care,
31 control, and welfare to the child prior to the initiation
32 of the petition for visitation.
33 (2)(A) A petition for visitation privileges shall not be
34 filed pursuant to this subsection (b) by the parents or
-3- LRB9101366SMpr
1 grandparents of a putative father if the paternity of the
2 putative father has not been legally established.
3 (B) A petition for visitation privileges may not be
4 filed under this subsection (b) if the child who is the
5 subject of the grandparents' or great-grandparents' petition
6 has been voluntarily surrendered by the parent or parents,
7 except for a surrender to the Illinois Department of Children
8 and Family Services or a foster care facility, or has been
9 previously adopted by an individual or individuals who are
10 not related to the biological parents of the child or is the
11 subject of a pending adoption petition by an individual or
12 individuals who are not related to the biological parents of
13 the child.
14 (3) When one parent is deceased, the surviving parent
15 shall not interfere with the visitation rights of the
16 grandparents.
17 (c) The court may modify an order granting or denying
18 visitation rights whenever modification would serve the best
19 interest of the child; but the court shall not restrict a
20 parent's visitation rights unless it finds that the
21 visitation would endanger seriously the child's physical,
22 mental, moral or emotional health.
23 (d) If any court has entered an order prohibiting a
24 non-custodial parent of a child from any contact with a child
25 or restricting the non-custodial parent's contact with the
26 child, the following provisions shall apply:
27 (1) If an order has been entered granting
28 visitation privileges with the child to a grandparent or
29 great-grandparent who is related to the child through the
30 non-custodial parent, the visitation privileges of the
31 grandparent or great-grandparent may be revoked if:
32 (i) a court has entered an order prohibiting
33 the non-custodial parent from any contact with the
34 child, and the grandparent or great-grandparent is
-4- LRB9101366SMpr
1 found to have used his or her visitation privileges
2 to facilitate contact between the child and the
3 non-custodial parent; or
4 (ii) a court has entered an order restricting
5 the non-custodial parent's contact with the child,
6 and the grandparent or great-grandparent is found to
7 have used his or her visitation privileges to
8 facilitate contact between the child and the
9 non-custodial parent in a manner that violates the
10 terms of the order restricting the non-custodial
11 parent's contact with the child.
12 Nothing in this subdivision (1) limits the authority
13 of the court to enforce its orders in any manner
14 permitted by law.
15 (2) Any order granting visitation privileges with
16 the child to a grandparent or great-grandparent who is
17 related to the child through the non-custodial parent
18 shall contain the following provision:
19 "If the (grandparent or great-grandparent, whichever
20 is applicable) who has been granted visitation privileges
21 under this order uses the visitation privileges to
22 facilitate contact between the child and the child's
23 non-custodial parent, the visitation privileges granted
24 under this order shall be permanently revoked."
25 (e) No parent, not granted custody of the child, or
26 grandparent, or great-grandparent, or stepparent, or sibling
27 of any minor child, convicted of any offense involving an
28 illegal sex act perpetrated upon a victim less than 18 years
29 of age including but not limited to offenses for violations
30 of Article 12 of the Criminal Code of 1961, is entitled to
31 visitation rights while incarcerated or while on parole,
32 probation, conditional discharge, periodic imprisonment, or
33 mandatory supervised release for that offense, and upon
34 discharge from incarceration for a misdemeanor offense or
-5- LRB9101366SMpr
1 upon discharge from parole, probation, conditional discharge,
2 periodic imprisonment, or mandatory supervised release for a
3 felony offense, visitation shall be denied until the person
4 successfully completes a treatment program approved by the
5 court.
6 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98.)
7 (Text of Section after amendment by P.A. 90-801)
8 Sec. 607. Visitation.
9 (a) A parent not granted custody of the child is
10 entitled to reasonable visitation rights unless the court
11 finds, after a hearing, that visitation would endanger
12 seriously the child's physical, mental, moral or emotional
13 health. If the custodian's street address is not identified,
14 pursuant to Section 708, the court shall require the parties
15 to identify reasonable alternative arrangements for
16 visitation by a non-custodial parent, including but not
17 limited to visitation of the minor child at the residence of
18 another person or at a local public or private facility.
19 (a-5) If the court finds, after a hearing, that it is in
20 the best interest of the child, the court may award temporary
21 supervised visitation to the parent not granted custody of
22 the child. Candidates for temporary supervised visitation
23 include, but are not limited to, a parent who has exhibited
24 harmful behavior toward himself or herself or others and a
25 parent who has been convicted of a crime.
26 The temporary supervised visitation order shall last from
27 6 to 18 months. The visitation supervision shall be
28 performed by a third party or public agency. Upon entering
29 the temporary supervised visitation order, the court may
30 order the non-custodial parent to receive treatment or
31 undertake other measures to address the issue causing the
32 court to enter the temporary supervised visitation order.
33 At the end of the temporary supervised visitation period
34 the court shall review the status of visitation and the
-6- LRB9101366SMpr
1 non-custodial parent's treatment or other corrective measures
2 and enter another temporary supervised visitation order or a
3 permanent visitation order or terminate visitation.
4 Regardless of its stated duration, any temporary supervised
5 visitation order shall remain in effect until the court has
6 had the opportunity to review the matter and enter another
7 visitation order.
8 (b) (1) The court may grant reasonable visitation
9 privileges to a grandparent, great-grandparent, or sibling of
10 any minor child upon petition to the court by the
11 grandparents or great-grandparents or on behalf of the
12 sibling, with notice to the parties required to be notified
13 under Section 601 of this Act, if the court determines that
14 it is in the best interests and welfare of the child, and may
15 issue any necessary orders to enforce such visitation
16 privileges. Except as provided in paragraph (2) of this
17 subsection (b), a petition for visitation privileges may be
18 filed under this paragraph (1) whether or not a petition
19 pursuant to this Act has been previously filed or is
20 currently pending if one or more of the following
21 circumstances exist:
22 (A) the parents are not currently cohabiting on a
23 permanent or an indefinite basis;
24 (B) one of the parents has been absent from the
25 marital abode for more than one month without the spouse
26 knowing his or her whereabouts;
27 (C) one of the parents is deceased;
28 (D) one of the parents joins in the petition with
29 the grandparents, great-grandparents, or sibling; or
30 (E) a sibling is in State custody.
31 (1.5) The Court may grant reasonable visitation
32 privileges to a stepparent upon petition to the court by the
33 stepparent, with notice to the parties required to be
34 notified under Section 601 of this Act, if the court
-7- LRB9101366SMpr
1 determines that it is in the best interests and welfare of
2 the child, and may issue any necessary orders to enforce
3 those visitation privileges. A petition for visitation
4 privileges may be filed under this paragraph (1.5) whether or
5 not a petition pursuant to this Act has been previously filed
6 or is currently pending if the following circumstances are
7 met:
8 (A) the child is at least 12 years old;
9 (B) the child resided continuously with the parent
10 and stepparent for at least 5 years;
11 (C) the parent is deceased or is disabled and is
12 unable to care for the child;
13 (D) the child wishes to have reasonable visitation
14 with the stepparent; and
15 (E) the stepparent was providing for the care,
16 control, and welfare to the child prior to the initiation
17 of the petition for visitation.
18 (2)(A) A petition for visitation privileges shall not be
19 filed pursuant to this subsection (b) by the parents or
20 grandparents of a putative father if the paternity of the
21 putative father has not been legally established.
22 (B) A petition for visitation privileges may not be
23 filed under this subsection (b) if the child who is the
24 subject of the grandparents' or great-grandparents' petition
25 has been voluntarily surrendered by the parent or parents,
26 except for a surrender to the Illinois Department of Children
27 and Family Services or a foster care facility, or has been
28 previously adopted by an individual or individuals who are
29 not related to the biological parents of the child or is the
30 subject of a pending adoption petition by an individual or
31 individuals who are not related to the biological parents of
32 the child.
33 (3) When one parent is deceased, the surviving parent
34 shall not interfere with the visitation rights of the
-8- LRB9101366SMpr
1 grandparents.
2 (c) The court may modify an order granting or denying
3 visitation rights whenever modification would serve the best
4 interest of the child; but the court shall not restrict a
5 parent's visitation rights unless it finds that the
6 visitation would endanger seriously the child's physical,
7 mental, moral or emotional health.
8 (d) If any court has entered an order prohibiting a
9 non-custodial parent of a child from any contact with a child
10 or restricting the non-custodial parent's contact with the
11 child, the following provisions shall apply:
12 (1) If an order has been entered granting
13 visitation privileges with the child to a grandparent or
14 great-grandparent who is related to the child through the
15 non-custodial parent, the visitation privileges of the
16 grandparent or great-grandparent may be revoked if:
17 (i) a court has entered an order prohibiting
18 the non-custodial parent from any contact with the
19 child, and the grandparent or great-grandparent is
20 found to have used his or her visitation privileges
21 to facilitate contact between the child and the
22 non-custodial parent; or
23 (ii) a court has entered an order restricting
24 the non-custodial parent's contact with the child,
25 and the grandparent or great-grandparent is found to
26 have used his or her visitation privileges to
27 facilitate contact between the child and the
28 non-custodial parent in a manner that violates the
29 terms of the order restricting the non-custodial
30 parent's contact with the child.
31 Nothing in this subdivision (1) limits the authority
32 of the court to enforce its orders in any manner
33 permitted by law.
34 (2) Any order granting visitation privileges with
-9- LRB9101366SMpr
1 the child to a grandparent or great-grandparent who is
2 related to the child through the non-custodial parent
3 shall contain the following provision:
4 "If the (grandparent or great-grandparent, whichever
5 is applicable) who has been granted visitation privileges
6 under this order uses the visitation privileges to
7 facilitate contact between the child and the child's
8 non-custodial parent, the visitation privileges granted
9 under this order shall be permanently revoked."
10 (e) No parent, not granted custody of the child, or
11 grandparent, or great-grandparent, or stepparent, or sibling
12 of any minor child, convicted of any offense involving an
13 illegal sex act perpetrated upon a victim or a violent
14 felony, less than 18 years of age including but not limited
15 to offenses for violations of Article 12 of the Criminal Code
16 of 1961, is entitled to visitation rights while incarcerated
17 or while on parole, probation, conditional discharge,
18 periodic imprisonment, or mandatory supervised release for
19 that offense, and upon discharge from incarceration for a
20 misdemeanor offense or upon discharge from parole, probation,
21 conditional discharge, periodic imprisonment, or mandatory
22 supervised release for a felony offense, visitation shall be
23 denied until the person successfully completes a treatment
24 program approved by the court.
25 (f) Unless the court determines, after considering all
26 relevant factors, including but not limited to those set
27 forth in Section 602(a), that it would be in the best
28 interests of the child to allow visitation, the court shall
29 not enter an order providing visitation rights and pursuant
30 to a motion to modify visitation shall revoke visitation
31 rights previously granted to any person who would otherwise
32 be entitled to petition for visitation rights under this
33 Section who has been convicted of first degree murder of the
34 parent, grandparent, great-grandparent, or sibling of the
-10- LRB9101366SMpr
1 child who is the subject of the order. Until an order is
2 entered pursuant to this subsection, no person shall visit,
3 with the child present, a person who has been convicted of
4 first degree murder of the parent, grandparent,
5 great-grandparent, or sibling of the child without the
6 consent of the child's parent, other than a parent convicted
7 of first degree murder as set forth herein, or legal
8 guardian.
9 (g) If the court finds, pursuant to a motion to modify
10 visitation, that a person granted visitation rights under
11 this Act has chronically failed to comply with the visitation
12 order of the court, the court shall revoke the visitation
13 rights granted if the court determines that the revocation is
14 in the best interest of the minor child.
15 (Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98;
16 90-801, eff. 6-1-99; revised 12-22-98.)
17 Section 95. No acceleration or delay. Where this Act
18 makes changes in a statute that is represented in this Act by
19 text that is not yet or no longer in effect (for example, a
20 Section represented by multiple versions), the use of that
21 text does not accelerate or delay the taking effect of (i)
22 the changes made by this Act or (ii) provisions derived from
23 any other Public Act.