HB4895 Engrossed

LRB093 19027 LCB 44762 b






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    AN ACT concerning child custody.

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


 
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    Section 5. The Illinois Marriage and Dissolution of 
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Marriage Act is amended  by changing Section 602 as follows:
 



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    (750 ILCS 5/602)  (from Ch. 40, par. 602)



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    Sec. 602. Best Interest of Child. 

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    (a) The court shall determine
custody in accordance with 
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the best interest of the child. The court
shall consider all 
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relevant factors including:


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        (1) the wishes of the child's parent or parents as to 
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    his custody;


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        (2) the wishes of the child as to his custodian;


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        (3) the interaction and interrelationship of the child 
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    with his
parent or parents, his siblings and any other 
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    person who may
significantly affect the child's best 
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    interest;


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        (4) the child's adjustment to his home, school and 
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    community;


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        (5) the mental and physical health of all individuals 
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    involved;


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        (6) the physical violence or threat of physical 
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    violence by the child's
potential custodian, whether 
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    directed against the child or directed against
another 
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    person;


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        (7) the occurrence of ongoing abuse as defined in 
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    Section 103 of the
Illinois Domestic Violence Act of 1986, 
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    whether directed against the child
or directed against 
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    another person; and


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        (8) the willingness and ability of each parent to 
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    facilitate and
encourage a close and continuing 
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    relationship between the other parent
and the child; and .

 


 






HB4895 Engrossed
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LRB093 19027 LCB 44762 b




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        (9) any pending criminal charge against any party to 
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    the proceeding.

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        With regards to the factor set forth in item (9) of 
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    this subsection (a), the court in its discretion may 
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    continue or postpone a custody award until the criminal 
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    charge has been adjudicated.

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    In the case of a custody proceeding in which a stepparent 
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has standing
under Section 601, it is presumed to be in the 
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best interest of the minor child
that the natural parent have 
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the custody of the minor child unless the
presumption is 
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rebutted by the stepparent.

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    (b) The court shall not consider conduct of a present or 
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proposed
custodian that does not affect his relationship to the 
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child.

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    (c) Unless the court finds the occurrence of ongoing abuse 
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as defined
in Section 103 of the Illinois Domestic Violence Act 
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of 1986, the court
shall presume that the maximum involvement 
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and cooperation
of both parents regarding the physical, mental, 
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moral, and emotional
well-being of
their child is in the best 
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interest of the child.  There shall be no
presumption in favor 
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of or against joint custody.

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(Source: P.A. 90-782, eff. 8-14-98.)