2010 Illinois Code
CHAPTER 750 FAMILIES
750 ILCS 5/ Illinois Marriage and Dissolution of Marriage Act.
Part VI - Custody


      (750 ILCS 5/Pt. VI heading)
PART VI
CUSTODY

    (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
         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; and
            (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
         custody; or
            (C) the surviving parent had: (i) received
         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.
    (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.)

    (750 ILCS 5/601.5)
    Sec. 601.5. Training. 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)(from Ch. 40, par. 602)
    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
     to his custody;
        (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
     community;
        (5) the mental and physical health of all
     individuals involved;
        (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 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. 95‑331, eff. 8‑21‑07; 96‑676, eff. 1‑1‑10.)

    (750 ILCS 5/602.1)(from Ch. 40, par. 602.1)
    Sec. 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
     Section.
    (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) (from Ch. 40, par. 603)
    Sec. 603. Temporary Orders.
    (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 and the standards and procedures of Section 602.1, after a hearing, or, if there is no objection, solely on the basis of the affidavits.
    (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. 86‑530; 87‑1255.)

    (750 ILCS 5/604) (from Ch. 40, par. 604)
    Sec. 604. Interviews.) (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.
(Source: P.A. 80‑923.)

    (750 ILCS 5/604.5)
    Sec. 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 child's 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.
    The 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 evaluators.
    (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 the evaluation.
    (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. If the 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 shall 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 court.
(Source: P.A. 91‑746, eff. 6‑2‑00.)

    (750 ILCS 5/605) (from Ch. 40, par. 605)
    Sec. 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) (from Ch. 40, par. 606)
    Sec. 606. Hearings.
    (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 welfare, that the record of any interview, report, investigation, or testimony in a custody proceeding be kept secret, the court may make an appropriate order sealing the record.
    (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.
(Source: P.A. 87‑1081.)

    (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.
        (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 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) (Blank);
        (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
     matter of law;
        (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;
        (C) (Blank);
        (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 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.
    (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
     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) 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
     with the stepparent; and
        (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.
    (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.
    (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 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) (Blank).
(Source: P.A. 96‑331, eff. 1‑1‑10.)

    (750 ILCS 5/607.1)(from Ch. 40, par. 607.1)
    Sec. 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 the following:
        (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
     public agency.
        (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.
    (d) Nothing contained in this Section shall be construed to limit the court's contempt power, except as provided in subsection (g) of this Section.
    (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 harassment.
    (g) A person convicted of unlawful visitation or parenting time interference under Section 10‑5.5 of the Criminal Code of 1961 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 that person to the sanctions provided for in this Section.
(Source: P.A. 96‑333, eff. 8‑11‑09; 96‑675, eff. 8‑25‑09.)

    (750 ILCS 5/608)(from Ch. 40, par. 608)
    Sec. 608. Judicial Supervision.
    (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 Services Act.
    (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)(from Ch. 40, par. 609)
    Sec. 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)
    Sec. 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)(from Ch. 40, par. 610)
    Sec. 610. Modification.
    (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.
    (e) A party's absence, 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.)

    (750 ILCS 5/611) (from Ch. 40, par. 611)
    Sec. 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 physical custody.
    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 enforcement officer.
    (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.)

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