HB 4357

Abstract

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that grandparents, great-grandparents, and siblings of a minor child may petition the court for visitation, provided that the petition must be filed in the county in which the child resides. Provides that a petition may be filed when the custodial parent denies visitation and the other parent is dead, missing for 3 months or more, incompetent, or incarcerated for 3 months preceding the filing of a petition. Provides that any visitation granted under this Section ends by operation of law if the child is adopted however, if one natural parent is dead and the surviving spouse remarries, a subsequent adoption will not terminate visitation granted by a court to parents of the deceased parent. Provides that a petitioner who seeks to overcome the presumption that a parent's actions regarding visitation by the grandparent, great-grandparent, or sibling are not harmful to the child's health may do so by proof that the child had a significant relationship with the petitioner that, once lost, will cause harm to the child or the petitioner was the primary caregiver of the child. Describes significant existing relationship with a grandchild. A grandparent is not required to present expert testimony to prove the existence of a significant existing relationship between the child and the grandparent. The court may apply a reasonable person standard to determine whether there is a significant relationship between the child and the grandparent, or that the loss of the relationship between the child and the grandparent is likely to cause severe emotional harm to the child. Provides that a child's parent may always file a petition to modify visitation upon changed circumstances. Deletes provision that grandparent visitation subsection does not apply to a child who is the subject of a pending juvenile court case. Deletes provision that bars any petition for visitation after adoption.