(750 ILCS 5/601) (from Ch. 40, par. 601)
Sec. 601. Jurisdiction; Commencement of Proceeding.
(a) A court of this State competent to decide child custody matters has
jurisdiction to make a child custody determination in original or modification
proceedings as provided in Section 201 of the Uniform
Child‑Custody Jurisdiction and Enforcement Act as
adopted by this State.
(b) A child custody proceeding is commenced in the court:
(1) by a parent, by filing a petition:
(i) for dissolution of marriage or legal |
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separation or declaration of invalidity of marriage; or
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(ii) for custody of the child, in the county in
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which he is permanently resident or found;
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(2) by a person other than a parent, by filing a
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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
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(3) by a stepparent, by filing a petition, if all of
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the following circumstances are met:
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(A) the child is at least 12 years old;
(B) the custodial parent and stepparent were
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married for at least 5 years during which the child resided with the parent and stepparent;
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(C) the custodial parent is deceased or is
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disabled and cannot perform the duties of a parent to the child;
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(D) the stepparent provided for the care,
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control, and welfare to the child prior to the initiation of custody proceedings;
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(E) the child wishes to live with the
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(F) it is alleged to be in the best interests
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and welfare of the child to live with the stepparent as provided in Section 602 of this Act.
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(4) When one of the parents is deceased, by a
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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:
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(A) the surviving parent had been absent from the
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marital abode for more than one month without the deceased spouse knowing his or her whereabouts;
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(B) the surviving parent was in State or federal
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(C) the surviving parent had: (i) received
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supervision for or been convicted of any violation of Article 12 of the Criminal Code of 1961 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.
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(c) Notice of a child custody proceeding, including an action
for modification of a previous custody order, shall be given to the
child's parents, guardian and custodian, who may appear, be heard, and
file a responsive pleading. The court, upon showing of good cause, may
permit intervention of other interested parties.
(d) Proceedings for modification of a previous custody order
commenced more than 30 days following the entry of a previous custody order
must be initiated by serving a written notice and a copy of the petition
for modification upon the child's parent, guardian and custodian at least
30 days prior to hearing on the petition. Nothing in this Section shall
preclude a party in custody modification proceedings from moving for a
temporary order under Section 603 of this Act.
(e) (Blank).
(f) The court shall, at the court's discretion or upon the request of any party entitled to petition for custody of the child, appoint a guardian ad litem to represent the best interest of the child for the duration of the custody proceeding or for any modifications of any custody orders entered. Nothing in this Section shall be construed to prevent the court from appointing the same guardian ad litem for 2 or more children that are siblings or half‑siblings.
(Source: P.A. 93‑108, eff. 1‑1‑04; 93‑1026, eff. 1‑1‑05.)
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(750 ILCS 5/602)
(from Ch. 40, par. 602)
(Text of Section from P.A. 94‑377)
Sec. 602.
Best Interest of Child.
(a) The court shall determine
custody in accordance with the best interest of the child. The court
shall consider all relevant factors including:
(1) the wishes of the child's parent or parents as
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(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the
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child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
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(4) the child's adjustment to his home, school and
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(5) the mental and physical health of all
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(6) the physical violence or threat of physical
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violence by the child's potential custodian, whether directed against the child or directed against another person;
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(7) the occurrence of ongoing or repeated abuse as
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defined in Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person; and
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(8) the willingness and ability of each parent to
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facilitate and encourage a close and continuing relationship between the other parent and the child.
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In the case of a custody proceeding in which a stepparent has standing
under Section 601, it is presumed to be in the best interest of the minor child
that the natural parent have the custody of the minor child unless the
presumption is rebutted by the stepparent.
(b) The court shall not consider conduct of a present or proposed
custodian that does not affect his relationship to the child.
(c) Unless the court finds the occurrence of ongoing abuse as defined
in Section 103 of the Illinois Domestic Violence Act of 1986, the court
shall presume that the maximum involvement and cooperation
of both parents regarding the physical, mental, moral, and emotional
well‑being of
their child is in the best interest of the child. There shall be no
presumption in favor of or against joint custody.
(Source: P.A. 94‑377, eff. 7‑29‑05.)
(Text of Section from P.A. 94‑643)
Sec. 602. Best Interest of Child.
(a) The court shall determine
custody in accordance with the best interest of the child. The court
shall consider all relevant factors including:
(1) the wishes of the child's parent or parents as
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(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the
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child with his parent or parents, his siblings and any other person who may significantly affect the child's best interest;
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(4) the child's adjustment to his home, school and
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(5) the mental and physical health of all
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(6) the physical violence or threat of physical
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violence by the child's potential custodian, whether directed against the child or directed against another person;
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(7) the occurrence of ongoing abuse as defined in
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Section 103 of the Illinois Domestic Violence Act of 1986, whether directed against the child or directed against another person;
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(8) the willingness and ability of each parent to
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facilitate and encourage a close and continuing relationship between the other parent and the child; and
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(9) whether one of the parents is a sex offender.
In the case of a custody proceeding in which a stepparent has standing
under Section 601, it is presumed to be in the best interest of the minor child
that the natural parent have the custody of the minor child unless the
presumption is rebutted by the stepparent.
(b) The court shall not consider conduct of a present or proposed
custodian that does not affect his relationship to the child.
(c) Unless the court finds the occurrence of ongoing abuse as defined
in Section 103 of the Illinois Domestic Violence Act of 1986, the court
shall presume that the maximum involvement and cooperation
of both parents regarding the physical, mental, moral, and emotional
well‑being of
their child is in the best interest of the child. There shall be no
presumption in favor of or against joint custody.
(Source: P.A. 94‑643, eff. 1‑1‑06.)
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(750 ILCS 5/607)
(from Ch. 40, par. 607)
Sec. 607.
Visitation.
(a) A parent not granted custody of the child
is entitled to reasonable visitation rights unless the court finds,
after a hearing, that visitation would endanger seriously the child's
physical, mental, moral or emotional health. If the custodian's street
address is not identified, pursuant to Section 708, the court shall require
the parties to identify reasonable alternative arrangements for visitation
by a non‑custodial parent, including but not limited to visitation of the
minor child at the residence of another person or at a local public or
private facility.
(a‑3) Nothing in subsection (a‑5) of this Section shall apply to a child in whose interests a petition under Section 2‑13 of the Juvenile Court Act of 1987 is pending.
(a‑5)(1) Except as otherwise provided in this subsection (a‑5), any grandparent, great‑grandparent, or sibling may file a
petition for
visitation rights to a minor child if there is an unreasonable denial of visitation by a parent and at least one
of the
following conditions exists:
(A) one parent of the child is incompetent as a
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matter of law or deceased or has been sentenced to a period of imprisonment for more than 1 year;
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(B) the child's mother and father are divorced or
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have been legally separated from each other during the 3 month period prior to the filing of the petition 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;
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(C) the court, other than a Juvenile Court, has
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terminated a parent‑child relationship and the grandparent, great‑grandparent, or sibling is the parent of the person whose parental rights have been terminated, except in cases of adoption. The visitation must not be used to allow the parent who lost parental rights to unlawfully visit with the child;
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(D) the child is born out of wedlock, the parents are
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not living together, and the petitioner is a maternal grandparent, great‑grandparent, or sibling of the child born out of wedlock; or
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(E) the child is born out of wedlock, the parents are
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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.
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(2) The grandparent, great‑grandparent, or sibling of a
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parent whose parental rights have been terminated through an adoption proceeding may not petition for visitation rights.
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(3) In making a determination under this subsection
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(a‑5), there is a rebuttable presumption that a fit parent's actions and decisions regarding grandparent, great‑grandparent, or sibling visitation are not harmful to the child's mental, physical, or emotional health. The burden is on the party filing a petition under this Section to prove that the parent's actions and decisions regarding visitation times are harmful to the child's mental, physical, or emotional health.
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(4) In determining whether to grant visitation, the
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court shall consider the following:
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(A) the preference of the child if the child is
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determined to be of sufficient maturity to express a preference;
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(B) the mental and physical health of the child;
(C) the mental and physical health of the
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grandparent, great‑grandparent, or sibling;
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(D) the length and quality of the prior relationship
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between the child and the grandparent, great‑grandparent, or sibling;
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(E) the good faith of the party in filing the
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(F) the good faith of the person denying visitation;
(G) the quantity of the visitation time requested and
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the potential adverse impact that visitation would have on the child's customary activities;
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(H) whether the child resided with the petitioner for
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at least 6 consecutive months with or without the current custodian present;
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(I) whether the petitioner had frequent or regular
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contact with the child for at least 12 consecutive months; and
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(J) any other fact that establishes that the loss of
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the relationship between the petitioner and the child is likely to harm the child's mental, physical, or emotional health.
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(5) The court may order visitation rights for the
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grandparent, great‑grandparent, or sibling that include reasonable access without requiring overnight or possessory visitation.
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(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 a prior grandparent,
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great‑grandparent, or sibling visitation order 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.
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(3) Attorney fees and costs shall be assessed against a
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party seeking modification of the visitation order if the court finds that the modification action is vexatious and constitutes harassment.
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(4) Notice under this subsection (a‑7) shall be given as
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provided in subsections (c) and (d) of Section 601.
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(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
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and stepparent for at least 5 years;
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(C) the parent is deceased or is disabled and is
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unable to care for the child;
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(D) the child wishes to have reasonable visitation
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(E) the stepparent was providing for the care,
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control, and welfare to the child prior to the initiation of the petition for visitation.
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(2)(A) A petition for visitation privileges shall not be filed pursuant
to this subsection (b) by the parents or grandparents of a putative father
if the paternity of the putative father has not been legally established.
(B) A petition for visitation privileges may not be filed under
this subsection (b) if the child who is the subject of the
grandparents' or great‑grandparents' petition has been voluntarily
surrendered by the parent or parents, except for a surrender to the
Illinois Department of Children and Family Services or a foster care
facility, or has been previously adopted by an individual or individuals
who are not related to the biological parents of the child or is the
subject of a pending adoption petition by an individual or individuals who
are not related to the biological parents of the child.
(3) (Blank).
(c) The court may modify an order granting or denying visitation
rights of a parent whenever modification would serve the best interest of
the child;
but the court shall not restrict a parent's visitation rights unless it
finds that the visitation would endanger seriously the child's physical,
mental, moral or emotional health.
The court may modify an order granting, denying, or limiting visitation
rights of a grandparent, great‑grandparent, or sibling of any minor child
whenever a change of circumstances has occurred based on facts occurring
subsequent to the judgment and the court finds by clear and convincing evidence
that the modification is in the best interest of the minor child.
(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
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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:
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(i) a court has entered an order prohibiting the
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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
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(ii) a court has entered an order restricting
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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.
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Nothing in this subdivision (1) limits the authority
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of the court to enforce its orders in any manner permitted by law.
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(2) Any order granting visitation privileges with
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the child to a grandparent or great‑grandparent who is related to the child through the non‑custodial parent shall contain the following provision:
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"If the (grandparent or great‑grandparent, whichever
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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."
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(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 Article 12 of the
Criminal Code of 1961, is entitled to visitation rights while incarcerated
or while on parole, probation, conditional discharge, periodic
imprisonment, or
mandatory supervised release for that offense, and upon discharge from
incarceration for a misdemeanor offense or upon discharge from parole,
probation, conditional discharge, periodic imprisonment,
or mandatory supervised release for a felony offense, visitation shall be
denied until the person successfully completes a treatment program approved
by the court.
(f) Unless the court determines, after considering all relevant factors,
including but not limited to those set forth in Section 602(a), that it would
be in the best interests of the child to allow visitation, the court shall not
enter an order providing visitation rights and pursuant to a motion to modify
visitation shall revoke visitation rights previously granted to any
person who would otherwise be entitled to petition for visitation rights under
this Section who has been convicted of first degree murder of the parent,
grandparent, great‑grandparent, or sibling of the child who is the subject of
the order. Until an order is entered pursuant to this subsection, no person
shall visit, with
the child present, a person who has been convicted of first degree murder of
the parent, grandparent, great‑grandparent, or sibling of the child
without the consent of the child's parent, other than a parent convicted of
first degree murder as set forth herein, or legal
guardian.
(g) If an order has been entered limiting, for cause, a minor child's
contact or
visitation with a grandparent, great‑grandparent, or sibling on the grounds
that it was in the best interest of the child to do so, that order may be
modified only upon a showing of a substantial change in circumstances occurring
subsequent to the entry of the order with proof by clear and convincing
evidence that modification is in the best interest of the minor child.
(Source: P.A. 93‑911, eff. 1‑1‑05; 94‑229, eff. 1‑1‑06 .)
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