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Bill > SB1174


IL SB1174

IL SB1174
DEPLOYED PARENT CUSTODY/VISIT


summary

Introduced
01/24/2025
In Committee
04/11/2025
Crossed Over
Passed
Dead

Introduced Session

104th General Assembly

Bill Summary

Creates the Uniform Deployed Parents Custody and Visitation Act. Allows parents to enter into a temporary agreement granting custodial responsibility during military deployment. Allows a court, after a deploying parent receives notice of deployment and until the deployment terminates, to issue a temporary order granting custodial responsibility. Allows either parent to file a motion, at any time after a deploying parent receives notice of deployment, regarding custodial responsibility of a child during deployment. Allows a court, on motion of a deploying parent, to grant caretaking authority or limited contact to a nonparent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. Provides that an agreement or grant of authority is temporary and terminates after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification. Provides that if a court has issued an order granting caretaking authority, the court may enter a temporary order for child support. Allows the court, after a deploying parent returns from deployment until a temporary agreement or order for custodial responsibility is terminated, to issue a temporary order granting the deploying parent reasonable contact with the child. Includes provisions regarding expedited hearings, testimony by electronic means, and the effect of prior judicial orders or agreements. Sets forth notice requirements related to pending deployments and change of mailing addresses.

AI Summary

This bill establishes the Uniform Deployed Parents Custody and Visitation Act, which creates a comprehensive framework for managing child custody arrangements when a parent is deployed in military service. The legislation allows deploying parents to either enter into temporary agreements with the other parent or seek court orders that transfer custodial responsibilities during their deployment. Parents can grant caretaking authority to another parent or a nonparent (such as a grandparent or close family member) for the duration of the deployment, with provisions to ensure the deployed parent can maintain contact with their child through electronic means and during leave periods. The bill requires deploying parents to provide notification of their deployment and a plan for custodial responsibility within a reasonable time, and it mandates that courts consider the best interests of the child when making custody determinations. Importantly, any custodial arrangements are temporary and automatically terminate when the deployed parent returns from service, with provisions for the parent to regain reasonable contact with their child. The legislation also includes detailed definitions of terms like "deployment" (more than 90 days but less than 18 months), specifies notification requirements, and provides mechanisms for modifying or terminating temporary custody arrangements, all while protecting the rights of both the deployed parent and the child.

Committee Categories

Justice

Sponsors (2)

Last Action

Rule 3-9(a) / Re-referred to Assignments (on 04/11/2025)

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