Subject Index Child Custody and Visitation

The Children and Family Services Act is amended to expand the definition of "fictive kin" and define a "permanent connection."

On December 23, 2014, the Fifth District Appellate Court held that Illinois law applies to custody proceedings when Illinois is the child's home state under the Uniform Child-Custody Jurisdiction Enforcement Act, 750 ILCS 36/101 et seq. ("UCCJEA")

Newly added section 602.3 of the Illinois Marriage and Dissolution of Marriage Act provides that if a court determines joint custody or visitation rights to be the best arrangement for a child under section 602.1 or section 607 respectively, then the court may further consider, as consistent with the child's best interests, awarding one or both of the parents the right of first refusal to provide child care for the minor child during the other parent's allotted parenting time.

On October 21, 2010, the Supreme Court of Illinois held that the evidentiary limitations of section 2-18(4)(c) of the Juvenile Court Act do not apply to the out-of-court statements of a minor in a temporary custody hearing, where such statements relate to allegations of abuse or neglect.

The Probate Act of 1975 has been amended to safeguard parental rights. (755 ILCS 5/11-5)

Illinois law makers amended sections 607 and 609 of the Illinois Marriage and Dissolution of Marriage Act, defining visitation and instructing courts on how to consider electronic communication when determining parental visitation rights.

The Department of Human Services Act has been amended to require state agencies to provide the families and children of incarcerated parents with information about how to obtain social services. 

On February 4, 2008, the Illinois Appellate Court, Fifth District, affirmed the judgment of the circuit court allowing grandparent visitation but ordering that the visitation shall not diminish the time during which the mother currently has the child.

On December 5, 2007, the Illinois Appellate Court, First District, affirmed the judgment of the Cook County Circuit Court denying the respondent's Motion to Strike and Dismiss Petitioner's Emergency Motion to Restrict Visitation and for a finding of visitation abuse.