Sen. Iris Y. Martinez
Filed: 5/9/2005
 
 

 




 

 		












09400HB0712sam001

LRB094 08083 LCB 46252 a






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AMENDMENT TO HOUSE BILL 712 




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    AMENDMENT NO. ______. Amend House Bill 712, on page 1, line 
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5, by replacing "Section 602" with "Sections 602 and 610"; and



 

 
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on page 2, immediately below line 26, by inserting the 
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following:
 



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    "(750 ILCS 5/610)  (from Ch. 40, par. 610)



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    Sec. 610. Modification. 

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    (a) Unless by stipulation of the parties or except as 
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provided in subsection (a-5), no motion
to modify a custody 
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judgment may be made earlier than 2 years after its
date, 
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unless the court permits it to be made on the basis of 
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affidavits
that there is reason to believe the child's present 
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environment may endanger
seriously his physical, mental, moral 
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or emotional health.

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    (a-5) A motion to modify a custody judgment may be made at 
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any time by a party who has been informed of the existence of 
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facts requiring notice to be given under Section 609.5.

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    (b) The court shall not modify a prior custody judgment 
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unless it finds by
clear and convincing evidence, upon the 
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basis of facts that have arisen since
the prior judgment or 
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that were unknown to the court at the time of entry of
the 
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prior judgment, that a change has occurred in the circumstances 
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of the
child or his custodian, or in the case of a joint 
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custody arrangement that a
change has occurred in the 
 


 






09400HB0712sam001
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circumstances of the child or either or both parties
having 
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custody, and that the modification is necessary to serve the 
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best
interest of the child.  The existence of facts requiring 
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notice to be given under Section 609.5 of this Act shall be 
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considered a change in circumstance. In the case of joint 
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custody, if the parties agree to a
termination of a joint 
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custody arrangement, the court shall so terminate the
joint 
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custody and make any modification which is in the child's best 
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interest.
The court shall state in its decision specific 
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findings of fact in support of
its modification or termination 
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of joint custody if either parent opposes the
modification or 
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termination.

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    (c) Attorney fees and costs shall be assessed against a 
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party seeking
modification if the court finds that the 
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modification action is vexatious
and constitutes harassment.

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    (d) Notice under this Section shall be given as provided in

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subsections (c) and (d) of Section 601.

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(Source: P.A. 87-1255.)".