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Rep. Kevin Joyce
Filed: 4/2/2004
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09300HB4895ham002 |
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LRB093 19027 LCB 49533 a |
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| AMENDMENT TO HOUSE BILL 4895
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| AMENDMENT NO. ______. Amend House Bill 4895, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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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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09300HB4895ham002 |
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LRB093 19027 LCB 49533 a |
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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 .
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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.)".
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