HB2992 98TH GENERAL ASSEMBLY

LRB098 07270 HEP 41552 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2992

Introduced , by Rep. Josh Harms

SYNOPSIS AS INTRODUCED:

750 ILCS 5/602.3 new

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if the court finds that it is in the best interest of the child and awards joint custody or visitation rights, the court shall find that both parties have the right of first refusal to care for the minor children if the absence of either party is necessary during the party's normal parenting time. Provides that the use of baby-sitters, family members, or subsequent spouses is secondary to the right of first refusal. Provides that "right of first refusal" means that in the event that either parent intends to leave the minor children for a period of 4 hours or longer, that parent shall first offer the other parent an opportunity for additional time with the children before making other arrangements for the temporary care of the children. Contains provisions concerning the setting of parameters regarding distance, transportation, and time constraints which may make the offering of additional parenting time impractical and therefore not required. Provides that the parent leaving the children with the other parent or with a temporary child care provider shall notify the other parent of the duration of the parenting time or temporary care of the children by other persons. Contains procedural requirements regarding the offering and acceptance of additional parenting time. Provides that the parent exercising additional parenting time shall provide the necessary transportation unless the parties agree otherwise. Provides that the new provisions are enforceable under the Section of the Act concerning visitation abuse. Provides that the right of first refusal shall be terminated upon the termination of custody or visitation rights.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by adding Section 602.3 as follows:

(750 ILCS 5/602.3 new)

Sec. 602.3. Care of minor children; right of first refusal.

(a) If the court finds under Section 602 of this Act that it is in the best interest of the child and awards joint custody under Section 602.1 or visitation rights under Section 607, the court shall find that both parties have the right of first refusal to care for the minor children if the absence of either party is necessary during the party's normal parenting time. The use of baby-sitters, family members, or subsequent spouses is secondary to the right of first refusal.

(b) As used in this Section, "right of first refusal" means that in the event that either parent intends to leave the minor children for a period of 4 hours or longer, that parent shall first offer the other parent an opportunity for additional time with the children before making other arrangements for the temporary care of the children, unless distance, transportation, and time constraints make the additional parenting time impractical. Parameters regarding distance, transportation, and time shall be set by the court, taking into account the priority of maximum parental involvement and the parties' particular circumstances. If the parties agree on parameters, the court shall enter the agreement as an order.

(c) The parent leaving the children with the other parent or with a temporary child care provider shall notify the other parent of the duration of the parenting time or temporary care of the children by other persons.

(d) As soon as the offering parent has knowledge that future additional parenting time will be available, the offering parent must make earnest attempts to inform the other parent of the future time available, as soon as possible, but not later than 24 hours from the time of first learning of the additional parenting time. Once notified of the opportunity for additional parenting time, the parent offered the additional time must respond and accept or decline as soon as possible, but not later than 24 hours from the time that the offer was first made. If some or all of the additional parenting time is lost due to a failure to respond in a reasonable timely manner, the loss of parenting time is not a violation of this Act.

(e) The parent exercising additional parenting time shall provide the necessary transportation unless the parties agree otherwise.

(f) The right of first refusal is subject to enforcement under Section 607.1 of this Act.

(g) The right of first refusal shall be terminated upon the termination of custody or visitation rights.