Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1174 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1174 Introduced 1/24/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: New Act 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. LRB104 09888 JRC 19958 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1174 Introduced 1/24/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED: New Act New Act 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. LRB104 09888 JRC 19958 b LRB104 09888 JRC 19958 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1174 Introduced 1/24/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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.
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Article 1. General Provisions
15	15	5 Section 101. Short title. This Act may be cited as the
16	16	6 Uniform Deployed Parents Custody and Visitation Act.
17	17	7 Section 102. Definitions. In this Act:
18	18	8 (1) "Adult" means an individual who has attained 18
19	19	9 years of age or an emancipated minor.
20	20	10 (2) "Caretaking authority" means the right to live
21	21	11 with and care for a child on a day-to-day basis.
22	22	12 "Caretaking authority" includes physical custody,
23	23	13 parenting time, right to access, and visitation.
24	24	14 (3) "Child" means:
25	25	15 (A) an unemancipated individual who has not
26	26	16 attained 18 years of age; or
27	27	17 (B) an adult son or daughter by birth or adoption,
28	28	18 or under law of this State other than this Act, who is
29	29	19 the subject of a court order concerning custodial
30	30	20 responsibility.
31	31	21 (4) "Court" means a tribunal, including an
32	32	22 administrative agency, authorized under law of this State
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1174 Introduced 1/24/2025, by Sen. Mike Porfirio SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	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.
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42	42	A BILL FOR
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67	67	1 other than this Act to make, enforce, or modify a decision
68	68	2 regarding custodial responsibility.
69	69	3 (5) "Custodial responsibility" includes all powers and
70	70	4 duties relating to caretaking authority and
71	71	5 decision-making authority for a child. "Custodial
72	72	6 responsibility" includes physical custody, legal custody,
73	73	7 parenting time, right to access, visitation, and authority
74	74	8 to grant limited contact with a child.
75	75	9 (6) "Decision-making authority" means the power to
76	76	10 make important decisions regarding a child, including
77	77	11 decisions regarding the child's education, religious
78	78	12 training, health care, extracurricular activities, and
79	79	13 travel. "Decision-making authority" does not include the
80	80	14 power to make decisions that necessarily accompany a grant
81	81	15 of caretaking authority.
82	82	16 (7) "Deploying parent" means a service member, who is
83	83	17 deployed or has been notified of impending deployment and
84	84	18 is:
85	85	19 (A) a parent of a child under law of this state
86	86	20 other than this Act; or
87	87	21 (B) an individual who has custodial responsibility
88	88	22 for a child under law of this State other than this
89	89	23 Act;
90	90	24 (8) "Deployment" means the movement or mobilization of
91	91	25 a service member for more than 90 days but less than 18
92	92	26 months pursuant to uniformed service orders that:
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103	103	1 (A) are designated as unaccompanied;
104	104	2 (B) do not authorize dependent travel; or
105	105	3 (C) otherwise do not permit the movement of family
106	106	4 members to the location to which the service member is
107	107	5 deployed.
108	108	6 (9) "Family member" means a sibling, aunt, uncle,
109	109	7 cousin, stepparent, or grandparent of a child or an
110	110	8 individual recognized to be in a familial relationship
111	111	9 with a child under law of this State other than this Act.
112	112	10 (10) "Limited contact" means the authority of a
113	113	11 nonparent to visit a child for a limited time. "Limited
114	114	12 contact" includes authority to take the child to a place
115	115	13 other than the residence of the child.
116	116	14 (11) "Nonparent" means an individual other than a
117	117	15 deploying parent or other parent.
118	118	16 (12) "Other parent" means an individual who, in common
119	119	17 with a deploying parent, is:
120	120	18 (A) a parent of a child under law of this State
121	121	19 other than this Act; or
122	122	20 (B) an individual who has custodial responsibility
123	123	21 for a child under law of this State other than this
124	124	22 Act.
125	125	23 (13) "Record" means information that is inscribed on a
126	126	24 tangible medium or that is stored in an electronic or
127	127	25 other medium and is retrievable in perceivable form.
128	128	26 (14) "Return from deployment" means the conclusion of
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139	139	1 a service member's deployment as specified in uniformed
140	140	2 service orders.
141	141	3 (15) "Service member" means a member of a uniformed
142	142	4 service.
143	143	5 (16) "Sign" means, with present intent to authenticate
144	144	6 or adopt a record:
145	145	7 (A) to execute or adopt a tangible symbol; or
146	146	8 (B) to attach to or logically associate with the
147	147	9 record an electronic symbol, sound, or process.
148	148	10 (17) "State" means a state of the United States, the
149	149	11 District of Columbia, Puerto Rico, the United States
150	150	12 Virgin Islands, or any territory or insular possession
151	151	13 subject to the jurisdiction of the United States.
152	152	14 (18) "Uniformed service" means:
153	153	15 (A) active and reserve components of the Army,
154	154	16 Navy, Air Force, Marine Corps, Space Force, or Coast
155	155	17 Guard of the United States;
156	156	18 (B) the United States Merchant Marine;
157	157	19 (C) the commissioned corps of the United States
158	158	20 Public Health Service;
159	159	21 (D) the commissioned corps of the National Oceanic
160	160	22 and Atmospheric Administration of the United States;
161	161	23 or
162	162	24 (E) the National Guard of a state.
163	163	25 Section 103. Remedies for noncompliance. In addition to
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174	174	1 other remedies under law of this State other than this Act, if
175	175	2 a court finds that a party to a proceeding under this Act has
176	176	3 acted in bad faith or intentionally failed to comply with this
177	177	4 Act or a court order issued under this Act, the court may
178	178	5 assess reasonable attorney's fees and costs against the party
179	179	6 and order other appropriate relief.
180	180	7 Section 104. Jurisdiction.
181	181	8 (a) A court may issue an order regarding custodial
182	182	9 responsibility under this Act only if the court has
183	183	10 jurisdiction under the Uniform Child Custody Jurisdiction and
184	184	11 Enforcement Act.
185	185	12 (b) If a court has issued a temporary order regarding
186	186	13 custodial responsibility pursuant to Article 3, the residence
187	187	14 of the deploying parent is not changed by reason of the
188	188	15 deployment for the purposes of the Uniform Child Custody
189	189	16 Jurisdiction and Enforcement Act during the deployment.
190	190	17 (c) If a court has issued a permanent order regarding
191	191	18 custodial responsibility before notice of deployment and the
192	192	19 parents modify that order temporarily by agreement pursuant to
193	193	20 Article 2, the residence of the deploying parent is not
194	194	21 changed by reason of the deployment for the purposes of the
195	195	22 Uniform Child Custody Jurisdiction and Enforcement Act.
196	196	23 (d) If a court in another state has issued a temporary
197	197	24 order regarding custodial responsibility as a result of
198	198	25 impending or current deployment, the residence of the
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209	209	1 deploying parent is not changed by reason of the deployment
210	210	2 for the purposes of the Uniform Child Custody Jurisdiction and
211	211	3 Enforcement Act.
212	212	4 (e) This Section does not prevent a court from exercising
213	213	5 temporary emergency jurisdiction under the Uniform Child
214	214	6 Custody Jurisdiction and Enforcement Act.
215	215	7 Section 105. Notification required of deploying parent.
216	216	8 (a) Except as otherwise provided in subsection (d) and
217	217	9 subject to subsection (c), a deploying parent shall notify in
218	218	10 a record the other parent of a pending deployment not later
219	219	11 than 7 days after receiving notice of deployment unless
220	220	12 reasonably prevented from doing so by the circumstances of
221	221	13 service. If the circumstances of service prevent giving
222	222	14 notification within the 7 days, the deploying parent shall
223	223	15 give the notification as soon as reasonably possible.
224	224	16 (b) Except as otherwise provided in subsection (d) and
225	225	17 subject to subsection (c), each parent shall provide in a
226	226	18 record the other parent with a plan for fulfilling that
227	227	19 parent's share of custodial responsibility during deployment.
228	228	20 Each parent shall provide the plan as soon as reasonably
229	229	21 possible after notification of deployment is given under
230	230	22 subsection (a).
231	231	23 (c) If a court order currently in effect prohibits
232	232	24 disclosure of the address or contact information of the other
233	233	25 parent, notification of deployment under subsection (a), or
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244	244	1 notification of a plan for custodial responsibility during
245	245	2 deployment under subsection (b), may be made only to the
246	246	3 issuing court. If the address of the other parent is available
247	247	4 to the issuing court, the court shall forward the notification
248	248	5 to the other parent. The court shall keep confidential the
249	249	6 address or contact information of the other parent.
250	250	7 (d) Notification in a record under subsection (a) or (b)
251	251	8 is not required if the parents are living in the same residence
252	252	9 and both parents have actual notice of the deployment or plan.
253	253	10 (e) In a proceeding regarding custodial responsibility, a
254	254	11 court may consider the reasonableness of a parent's efforts to
255	255	12 comply with this Section.
256	256	13 Section 106. Duty to notify of change of address.
257	257	14 (a) Except as otherwise provided in subsection (b), an
258	258	15 individual to whom custodial responsibility has been granted
259	259	16 during deployment pursuant to Article 2 or 3 shall notify the
260	260	17 deploying parent and any other individual with custodial
261	261	18 responsibility of a child of any change of the individual's
262	262	19 mailing address or residence until the grant is terminated.
263	263	20 The individual shall provide the notice to any court that has
264	264	21 issued a custody or child support order concerning the child
265	265	22 which is in effect.
266	266	23 (b) If a court order currently in effect prohibits
267	267	24 disclosure of the address or contact information of an
268	268	25 individual to whom custodial responsibility has been granted,
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279	279	1 a notification under subsection (a) may be made only to the
280	280	2 court that issued the order. The court shall keep confidential
281	281	3 the mailing address or residence of the individual to whom
282	282	4 custodial responsibility has been granted.
283	283	5 Section 107. General consideration in custody proceeding
284	284	6 of parent's military service. In a proceeding for custodial
285	285	7 responsibility of a child of a service member, a court may not
286	286	8 consider a parent's past deployment or possible future
287	287	9 deployment in itself in determining the best interests of the
288	288	10 child but may consider any significant impact on the best
289	289	11 interests of the child of the parent's past or possible future
290	290	12 deployment.
291	291	13 Article 2. Agreement Addressing Custodial Responsibilities
292	292	14 During Deployment
293	293	15 Section 201. Form of agreement.
294	294	16 (a) The parents of a child may enter into a temporary
295	295	17 agreement under this Article granting custodial responsibility
296	296	18 during deployment.
297	297	19 (b) An agreement under subsection (a) must be:
298	298	20 (1) in writing; and
299	299	21 (2) signed by both parents and any nonparent to whom
300	300	22 custodial responsibility is granted.
301	301	23 (c) Subject to subsection (d), an agreement under
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312	312	1 subsection (a), if feasible, must:
313	313	2 (1) identify the destination, duration, and conditions
314	314	3 of the deployment that is the basis for the agreement;
315	315	4 (2) specify the allocation of caretaking authority
316	316	5 among the deploying parent, the other parent, and any
317	317	6 nonparent;
318	318	7 (3) specify any decision-making authority that
319	319	8 accompanies a grant of caretaking authority;
320	320	9 (4) specify any grant of limited contact to a
321	321	10 nonparent;
322	322	11 (5) if under the agreement custodial responsibility is
323	323	12 shared by the other parent and a nonparent, or by other
324	324	13 nonparents, provide a process to resolve any dispute that
325	325	14 may arise;
326	326	15 (6) specify the frequency, duration, and means,
327	327	16 including electronic means, by which the deploying parent
328	328	17 will have contact with the child, any role to be played by
329	329	18 the other parent in facilitating the contact, and the
330	330	19 allocation of any costs of contact;
331	331	20 (7) specify the contact between the deploying parent
332	332	21 and child during the time the deploying parent is on leave
333	333	22 or is otherwise available;
334	334	23 (8) acknowledge that any party's child-support
335	335	24 obligation cannot be modified by the agreement, and that
336	336	25 changing the terms of the obligation during deployment
337	337	26 requires modification in the appropriate court;
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348	348	1 (9) provide that the agreement will terminate
349	349	2 according to the procedures under Article 4 after the
350	350	3 deploying parent returns from deployment; and
351	351	4 (10) if the agreement must be filed pursuant to
352	352	5 Section 205, specify which parent is required to file the
353	353	6 agreement.
354	354	7 (d) The omission of any of the items specified in
355	355	8 subsection (c) does not invalidate an agreement under this
356	356	9 Section.
357	357	10 Section 202. Nature of authority created by agreement.
358	358	11 (a) An agreement under this Article is temporary and
359	359	12 terminates pursuant to Article 4 after the deploying parent
360	360	13 returns from deployment, unless the agreement has been
361	361	14 terminated before that time by court order or modification
362	362	15 under Section 203. The agreement does not create an
363	363	16 independent, continuing right to caretaking authority,
364	364	17 decision-making authority, or limited contact in an individual
365	365	18 to whom custodial responsibility is given.
366	366	19 (b) A nonparent who has caretaking authority,
367	367	20 decision-making authority, or limited contact by an agreement
368	368	21 under this Article has standing to enforce the agreement until
369	369	22 it has been terminated by court order, by modification under
370	370	23 Section 203, or under Article 4.
371	371	24 Section 203. Modification of agreement.
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382	382	1 (a) By mutual consent, the parents of a child may modify an
383	383	2 agreement regarding custodial responsibility made pursuant to
384	384	3 this Article.
385	385	4 (b) If an agreement is modified under subsection (a)
386	386	5 before deployment of a deploying parent, the modification must
387	387	6 be in writing and signed by both parents and any nonparent who
388	388	7 will exercise custodial responsibility under the modified
389	389	8 agreement.
390	390	9 (c) If an agreement is modified under subsection (a)
391	391	10 during deployment of a deploying parent, the modification must
392	392	11 be agreed to in a record by both parents and any nonparent who
393	393	12 will exercise custodial responsibility under the modified
394	394	13 agreement.
395	395	14 Section 204. Power of attorney. A deploying parent, by
396	396	15 power of attorney, may delegate all or part of custodial
397	397	16 responsibility to an adult nonparent for the period of
398	398	17 deployment if no other parent possesses custodial
399	399	18 responsibility under law of this State other than this Act, or
400	400	19 if a court order currently in effect prohibits contact between
401	401	20 the child and the other parent. The deploying parent may
402	402	21 revoke the power of attorney by signing a revocation of the
403	403	22 power.
404	404	23 Section 205. Filing agreement or power of attorney with
405	405	24 court. An agreement or power of attorney under this Article
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416	416	1 must be filed within a reasonable time with any court that has
417	417	2 entered an order on custodial responsibility or child support
418	418	3 that is in effect concerning the child who is the subject of
419	419	4 the agreement or power. The case number and heading of the
420	420	5 pending case concerning custodial responsibility or child
421	421	6 support must be provided to the court with the agreement or
422	422	7 power.
423	423	8 Article 3. Judicial Procedure for Granting Custodial
424	424	9 Responsibility During Deployment
425	425	10 Section 301. Definition. In this Article, "close and
426	426	11 substantial relationship" means a relationship in which a
427	427	12 significant bond exists between a child and a nonparent.
428	428	13 Section 302. Proceeding for temporary custody order.
429	429	14 (a) After a deploying parent receives notice of deployment
430	430	15 and until the deployment terminates, a court may issue a
431	431	16 temporary order granting custodial responsibility unless
432	432	17 prohibited by the Servicemembers Civil Relief Act, 50 U.S.C.
433	433	18 Appendix Sections 521 and 522. A court may not issue a
434	434	19 permanent order granting custodial responsibility without the
435	435	20 consent of the deploying parent.
436	436	21 (b) At any time after a deploying parent receives notice
437	437	22 of deployment, either parent may file a motion regarding
438	438	23 custodial responsibility of a child during deployment. The
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449	449	1 motion must be filed in a pending proceeding for custodial
450	450	2 responsibility in a court with jurisdiction under Section 104
451	451	3 or, if there is no pending proceeding in a court with
452	452	4 jurisdiction under Section 104, in a new action for granting
453	453	5 custodial responsibility during deployment.
454	454	6 Section 303. Expedited hearing. If a motion to grant
455	455	7 custodial responsibility is filed under subsection (b) of
456	456	8 Section 302 before a deploying parent deploys, the court shall
457	457	9 conduct an expedited hearing.
458	458	10 Section 304. Testimony by electronic means. In a
459	459	11 proceeding under this Article, a party or witness who is not
460	460	12 reasonably available to appear personally may appear, provide
461	461	13 testimony, and present evidence by electronic means unless the
462	462	14 court finds good cause to require a personal appearance.
463	463	15 Section 305. Effect of prior judicial order or agreement.
464	464	16 In a proceeding for a grant of custodial responsibility
465	465	17 pursuant to this Article, the following rules apply:
466	466	18 (1) A prior judicial order designating custodial
467	467	19 responsibility in the event of deployment is binding on
468	468	20 the court unless the circumstances meet the requirements
469	469	21 of law of this State other than this Act for modifying a
470	470	22 judicial order regarding custodial responsibility.
471	471	23 (2) The court shall enforce a prior written agreement
472	472
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482	482	1 between the parents for designating custodial
483	483	2 responsibility in the event of deployment, including an
484	484	3 agreement executed under Article 2, unless the court finds
485	485	4 that the agreement is contrary to the best interests of
486	486	5 the child.
487	487	6 Section 306. Grant of caretaking or decision-making
488	488	7 authority to nonparent.
489	489	8 (a) On motion of a deploying parent and in accordance with
490	490	9 law of this State other than this Act, if it is in the best
491	491	10 interests of the child, a court may grant caretaking authority
492	492	11 to a nonparent who is an adult family member of the child or an
493	493	12 adult with whom the child has a close and substantial
494	494	13 relationship.
495	495	14 (b) Unless a grant of caretaking authority to a nonparent
496	496	15 under subsection (a) is agreed to by the other parent, the
497	497	16 grant is limited to an amount of time not greater than:
498	498	17 (1) the amount of time granted to the deploying parent
499	499	18 under a permanent custody order, but the court may add
500	500	19 unusual travel time necessary to transport the child; or
501	501	20 (2) in the absence of a permanent custody order that
502	502	21 is currently in effect, the amount of time that the
503	503	22 deploying parent habitually cared for the child before
504	504	23 being notified of deployment, but the court may add
505	505	24 unusual travel time necessary to transport the child.
506	506	25 (c) A court may grant part of a deploying parent's
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517	517	1 decision-making authority, if the deploying parent is unable
518	518	2 to exercise that authority, to a nonparent who is an adult
519	519	3 family member of the child or an adult with whom the child has
520	520	4 a close and substantial relationship. If a court grants the
521	521	5 authority to a nonparent, the court shall specify the
522	522	6 decision-making powers granted, including decisions regarding
523	523	7 the child's education, religious training, health care,
524	524	8 extracurricular activities, and travel.
525	525	9 Section 307. Grant of limited contact. On motion of a
526	526	10 deploying parent, and in accordance with law of this State
527	527	11 other than this Act, unless the court finds that the contact
528	528	12 would be contrary to the best interests of the child, a court
529	529	13 shall grant limited contact to a nonparent who is a family
530	530	14 member of the child or an individual with whom the child has a
531	531	15 close and substantial relationship.
532	532	16 Section 308. Nature of authority created by temporary
533	533	17 custody order.
534	534	18 (a) A grant of authority under this Article is temporary
535	535	19 and terminates under Article 4 after the return from
536	536	20 deployment of the deploying parent, unless the grant has been
537	537	21 terminated before that time by court order. The grant does not
538	538	22 create an independent, continuing right to caretaking
539	539	23 authority, decision-making authority, or limited contact in an
540	540	24 individual to whom it is granted.
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551	551	1 (b) A nonparent granted caretaking authority,
552	552	2 decision-making authority, or limited contact under this
553	553	3 Article has standing to enforce the grant until it is
554	554	4 terminated by court order or under Article 4.
555	555	5 Section 309. Content of temporary custody order.
556	556	6 (a) An order granting custodial responsibility under this
557	557	7 Article must:
558	558	8 (1) designate the order as temporary; and
559	559	9 (2) identify to the extent feasible the destination,
560	560	10 duration, and conditions of the deployment.
561	561	11 (b) If applicable, an order for custodial responsibility
562	562	12 under this Article must:
563	563	13 (1) specify the allocation of caretaking authority,
564	564	14 decision-making authority, or limited contact among the
565	565	15 deploying parent, the other parent, and any nonparent;
566	566	16 (2) if the order divides caretaking or decision-making
567	567	17 authority between individuals, or grants caretaking
568	568	18 authority to one individual and limited contact to
569	569	19 another, provide a process to resolve any dispute that may
570	570	20 arise;
571	571	21 (3) provide for liberal communication between the
572	572	22 deploying parent and the child during deployment,
573	573	23 including through electronic means, unless contrary to the
574	574	24 best interests of the child, and allocate any costs of
575	575	25 communications;
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586	586	1 (4) provide for liberal contact between the deploying
587	587	2 parent and the child during the time the deploying parent
588	588	3 is on leave or otherwise available, unless contrary to the
589	589	4 best interests of the child;
590	590	5 (5) provide for reasonable contact between the
591	591	6 deploying parent and the child after return from
592	592	7 deployment until the temporary order is terminated, even
593	593	8 if the time of contact exceeds the time the deploying
594	594	9 parent spent with the child before entry of the temporary
595	595	10 order; and
596	596	11 (6) provide that the order will terminate pursuant to
597	597	12 Article 4 after the deploying parent returns from
598	598	13 deployment.
599	599	14 Section 310. Order for child support. If a court has
600	600	15 issued an order granting caretaking authority under this
601	601	16 Article, or an agreement granting caretaking authority has
602	602	17 been executed under Article 2, the court may enter a temporary
603	603	18 order for child support consistent with law of this State
604	604	19 other than this Act if the court has jurisdiction under the
605	605	20 Uniform Interstate Family Support Act.
606	606	21 Section 311. Modifying or terminating grant of custodial
607	607	22 responsibility to nonparent.
608	608	23 (a) Except for an order under Section 305, except as
609	609	24 otherwise provided in subsection (b), and consistent with the
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620	620	1 Servicemembers Civil Relief Act, 50 U.S.C. Appendix Sections
621	621	2 521 and 522, on motion of a deploying or other parent or any
622	622	3 nonparent to whom caretaking authority, decision-making
623	623	4 authority, or limited contact has been granted, the court may
624	624	5 modify or terminate the grant if the modification or
625	625	6 termination is consistent with this Article and it is in the
626	626	7 best interests of the child. A modification is temporary and
627	627	8 terminates pursuant to Article 4 after the deploying parent
628	628	9 returns from deployment, unless the grant has been terminated
629	629	10 before that time by court order.
630	630	11 (b) On motion of a deploying parent, the court shall
631	631	12 terminate a grant of limited contact.
632	632	13 Article 4. Return From Deployment
633	633	14 Section 401. Procedure for terminating temporary grant of
634	634	15 custodial responsibility established by agreement.
635	635	16 (a) At any time after return from deployment, a temporary
636	636	17 agreement granting custodial responsibility under Article 2
637	637	18 may be terminated by an agreement to terminate signed by the
638	638	19 deploying parent and the other parent.
639	639	20 (b) A temporary agreement under Article 2 granting
640	640	21 custodial responsibility terminates:
641	641	22 (1) if an agreement to terminate under subsection (a)
642	642	23 specifies a date for termination, on that date; or
643	643	24 (2) if the agreement to terminate does not specify a
644	644
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654	654	1 date, on the date the agreement to terminate is signed by
655	655	2 the deploying parent and the other parent.
656	656	3 (c) In the absence of an agreement under subsection (a) to
657	657	4 terminate, a temporary agreement granting custodial
658	658	5 responsibility terminates under Article 2 60 days after the
659	659	6 deploying parent gives notice to the other parent that the
660	660	7 deploying parent returned from deployment.
661	661	8 (d) If a temporary agreement granting custodial
662	662	9 responsibility was filed with a court pursuant to Section 205,
663	663	10 an agreement to terminate the temporary agreement also must be
664	664	11 filed with that court within a reasonable time after the
665	665	12 signing of the agreement. The case number and heading of the
666	666	13 case concerning custodial responsibility or child support must
667	667	14 be provided to the court with the agreement to terminate.
668	668	15 Section 402. Consent procedure for terminating temporary
669	669	16 grant of custodial responsibility established by court order.
670	670	17 At any time after a deploying parent returns from deployment,
671	671	18 the deploying parent and the other parent may file with the
672	672	19 court an agreement to terminate a temporary order for
673	673	20 custodial responsibility issued under Article 3. After an
674	674	21 agreement has been filed, the court shall issue an order
675	675	22 terminating the temporary order effective on the date
676	676	23 specified in the agreement. If a date is not specified, the
677	677	24 order is effective immediately.
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688	688	1 Section 403. Visitation before termination of temporary
689	689	2 grant of custodial responsibility. After a deploying parent
690	690	3 returns from deployment until a temporary agreement or order
691	691	4 for custodial responsibility established under Article 2 or 3
692	692	5 is terminated, the court shall issue a temporary order
693	693	6 granting the deploying parent reasonable contact with the
694	694	7 child unless it is contrary to the best interests of the child,
695	695	8 even if the time of contact exceeds the time the deploying
696	696	9 parent spent with the child before deployment.
697	697	10 Section 404. Termination by operation of law of temporary
698	698	11 grant of custodial responsibility established by court order.
699	699	12 (a) If an agreement between the parties to terminate a
700	700	13 temporary order for custodial responsibility under Article 3
701	701	14 has not been filed, the order terminates 60 days after the
702	702	15 deploying parent gives notice to the other parent and any
703	703	16 nonparent granted custodial responsibility that the deploying
704	704	17 parent has returned from deployment.
705	705	18 (b) A proceeding seeking to prevent termination of a
706	706	19 temporary order for custodial responsibility is governed by
707	707	20 law of this State other than this Act.
708	708	21 Article 5. Miscellaneous Provisions
709	709	22 Section 501. Uniformity of application and construction.
710	710	23 In applying and construing this uniform Act, consideration
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721	721	1 must be given to the need to promote uniformity of the law with
722	722	2 respect to its subject matter among states that enact it.
723	723	3 Section 502. Relation to Electronic Signatures in Global
724	724	4 and National Commerce Act. This Act modifies, limits, or
725	725	5 supersedes the Electronic Signatures in Global and National
726	726	6 Commerce Act, 15 U.S.C. Section 7001 et seq., but does not
727	727	7 modify, limit, or supersede Section 101(c) of that Act, 15
728	728	8 U.S.C. Section 7001(c), or authorize electronic delivery of
729	729	9 any of the notices described in Section 103(b) of that Act, 15
730	730	10 U.S.C. Section 7003(b).
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