ILCS » Chapter 750 · Act 5
Illinois Compiled Statutes

750 ILCS 5/601.2 (2026)

Jurisdiction; commencement of proceeding

✓ current as of May 2026
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(750 ILCS 5/601.2)
    Sec. 601.2. Jurisdiction; commencement of proceeding.
    (a) A court of this State that is competent to allocate parental responsibilities has jurisdiction to make such an allocation in original or modification proceedings as provided in Section 201 of the Uniform Child-Custody Jurisdiction and Enforcement Act as adopted by this State.
    (b) A proceeding for allocation of parental responsibilities with respect to a child is commenced in the court:
        (1) by filing a petition for dissolution of marriage
    
or legal separation or declaration of invalidity of marriage;
        (2) by filing a petition for allocation of parental
    
responsibilities with respect to the child in the county in which the child resides;
        (3) by a person other than a parent, by filing a
    
petition for allocation of parental responsibilities in the county in which the child is permanently resident or found, but only if he or she is not in the physical custody of one of his or her parents;
        (4) by a step-parent, by filing a petition, if all of
    
the following circumstances are met:
            (A) the parent having the majority of parenting
        
time is deceased or is disabled and cannot perform the duties of a parent to the child;
            (B) the step-parent provided for the care,
        
control, and welfare of the child prior to the initiation of proceedings for allocation of parental responsibilities;
            (C) the child wishes to live with the
        
step-parent; and
            (D) it is alleged to be in the best interests and
        
welfare of the child to live with the step-parent as provided in Section 602.5 of this Act; or
        (5) when one of the parents is deceased, by a
    
grandparent who is a parent or step-parent of a deceased parent, by filing a petition, if one or more of the following existed at the time of the parent's death:
            (A) the surviving parent had been absent from the
        
marital abode for more than one month without the spouse knowing his or her whereabouts;
            (B) the surviving parent was in State or federal
        
custody; or
            (C) the surviving parent had: (i) received
        
supervision for or been convicted of any violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18-6, 19-6, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012 directed towards the deceased parent or the child; or (ii) received supervision or been convicted of violating an order of protection entered under Section 217, 218, or 219 of the Illinois Domestic Violence Act of 1986 for the protection of the deceased parent or the child.
    (c) When a proceeding for allocation of parental responsibilities is commenced, the party commencing the action must, at least 30 days before any hearing on the petition, serve a written notice and a copy of the petition on the child's parent, guardian, person currently allocated parental responsibilities pursuant to subdivision (b)(4) or (b)(5) of Section 601.2, and any person with a pending motion for allocation of parental responsibilities with respect to the child. Nothing in this Section shall preclude a party in a proceeding for allocation of parental responsibilities from moving for a temporary order under Section 603.5.
(Source: P.A. 99-90, eff. 1-1-16.)

    
Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 2018–2026 · leading case: Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018).
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Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). · cites it 4× “1, 2016) at 750 ILCS 5/601.2 ). In their petition, the Youngs alleged that they had cared for and made decisions on behalf of J.”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). · cites it 3× “1, 2016) at 750 ILCS 5/601.2)). In their petition, the Youngs alleged that they had cared for and made decisions on behalf of J.”
In re L.W., 2018 IL App (3d) 170405 (Ill. App. Ct. 2018). “See 750 ILCS 5/601.2 (b) (West 2016). -7-”
People v. Jeremie G. (In Re L.W.), 2018 IL App (3d) 170405 (Ill. App. Ct. 2018). “…petition for allocation of parental responsibilities under the Illinois Marriage and Dissolution of Marriage Act. See 750 ILCS 5/601.2 (b) (West 2016).”
In re Custody of K.N.L., 2019 IL App (5th) 190082 (Ill. App. Ct. 2019). “2(b)(3) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/601.2(b)(3) (West 2016) (jurisdictional requirements for commencing a proceeding for allocation of parental responsibilities “by a person other than a parent, by filing a petition for allocation…”
In re Guardianship of J.O., 2025 IL App (4th) 241026-U (Ill. App. Ct. 2025). “2 of the Marriage Act (750 ILCS 5/601.2 (West 2022)). The grandfather’s attorney continued: “So what I’m asking from the Court is twofold: One, grant my petition to intervene and grant the petition for injunctive relief preventing [the mother] from relocating [the child] outside…”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). · cites it 4× “1, 2016) at 750 ILCS 5/601.2). In their petition, the Youngs alleged that they had cared for and made decisions on behalf of J.”
In re Custody of K.N.L., 2019 IL App (5th) 190082 (Ill. App. Ct. 2019). “2(b)(3) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/601.2(b)(3) (West 2016) (jurisdictional requirements for commencing a proceeding for allocation of parental responsibilities “by a person other than a parent, by filing a petition for allocation…”
Mary Ann J. v. Preston C., 2025 IL App (4th) 241613-U (Ill. App. Ct. 2025). · cites it 3× “2(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/601.2(b) (West 2024)). Respondent Preston C.”
Pamela L. v. Kendra U., 2021 IL App (2d) 200716-U (Ill. App. Ct. 2021). · cites it 2× “2 of the Act (750 ILCS 5/601.2(b)(3) (West 2016)). They alleged, inter alia, that L.”
In re L.W., 2018 IL App (3d) 170405 (Ill. App. Ct. 2018). “See 750 ILCS 5/601.2 (b) (West 2016). 12”
Bordelais v. Kuhn (N.D. Ill. 2023). “” 750 ILCS 5/601.2(a). The Act states, “Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities .”
Show all 15 citing cases →
— 750 ILCS 5/601.2(a) — 1 case
Bordelais v. Kuhn (N.D. Ill. 2023). “” 750 ILCS 5/601.2(a). The Act states, “Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities .”
— 750 ILCS 5/601.2(b) — 1 case
Mary Ann J. v. Preston C., 2025 IL App (4th) 241613-U (Ill. App. Ct. 2025). “2(b) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/601.2(b) (West 2024)). Respondent Preston C.”
— 750 ILCS 5/601.2(b)(2) — 1 case
Thew v. Argosino, 2025 IL App (4th) 250137-U (Ill. App. Ct. 2025).
— 750 ILCS 5/601.2(b)(3) — 7 cases
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). “1, 2016) at 750 ILCS 5/601.2 ). In their petition, the Youngs alleged that they had cared for and made decisions on behalf of J.”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). “1, 2016) at 750 ILCS 5/601.2)). In their petition, the Youngs alleged that they had cared for and made decisions on behalf of J.”
In re Custody of K.N.L., 2019 IL App (5th) 190082 (Ill. App. Ct. 2019). “2(b)(3) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/601.2(b)(3) (West 2016) (jurisdictional requirements for commencing a proceeding for allocation of parental responsibilities “by a person other than a parent, by filing a petition for allocation…”
In re Custody of K.N.L., 2019 IL App (5th) 190082 (Ill. App. Ct. 2019). “2(b)(3) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/601.2(b)(3) (West 2016) (jurisdictional requirements for commencing a proceeding for allocation of parental responsibilities “by a person other than a parent, by filing a petition for allocation…”
Young v. Herman, 2018 IL App (4th) 170001 (Ill. App. Ct. 2018). “1, 2016) at 750 ILCS 5/601.2). In their petition, the Youngs alleged that they had cared for and made decisions on behalf of J.”
— 750 ILCS 5/601.2(b)(4) — 1 case
In re Marriage of Christopher S., 2021 IL App (5th) 200236-U (Ill. App. Ct. 2021).
— 750 ILCS 5/601.2(c) — 1 case
In re Parentage of L.H., 2026 IL App (2d) 250354-U (Ill. App. Ct. 2026).
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