SB1941 94TH GENERAL ASSEMBLY

LRB094 10975 LCB 41575 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1941

Introduced 2/25/2005, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

New Act

Creates the Children's Parental Responsibility Act. Applies to the custody, support, and visitation of a child if 2 persons of the same sex have been responsible for the child's needs and have held themselves out as being the parents of the child, the child is no longer living with both persons, and it is in the best interests of the child for the court to take jurisdiction over the child and the child's parents and the persons holding themselves out to be the child's parents and provide for the child's best interests. Provides that a parent or a person who holds himself or herself out to be a parent of the child may access the courts by filing a petition to provide for the parental responsibility of the child. Sets forth requirements for petitions, responsive pleadings, and hearings. Provides that, if the court takes jurisdiction, it shall apply the provisions of the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act of 1984 regarding custody, support, and visitation.

A BILL FOR

AN ACT concerning children.

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

Section 1. Short title. This Act may be cited as the Children's Parental Responsibility Act.

Section 5. Findings. The General Assembly finds that:

(1) It is the responsibility of the State of Illinois to provide for the welfare of all children in the State of Illinois.

(2) The courts can currently provide, under the Illinois Marriage and Dissolution of Marriage Act, for the best interests of children who are products of a marriage and the custody, visitation, and support of those children.

(3) The courts can currently provide, under the Illinois Parentage Act of 1984, for the best interests of children who are the products of the relationship of 2 heterosexual partners whose relationship does not include marriage and the custody, visitation, and support of those children.

(4) Children in the State of Illinois are currently being raised in families where the parents are of the same sex.

(5) It is in the best interests of these children that the courts of the State of Illinois have the jurisdiction and ability to provide for their custody, support, and visitation.

(6) It is hereby determined that, in order to provide for the well being and the best interests of all the children in the State of Illinois that the Illinois Children's Parental Responsibility Act be created.

Section 10. Jurisdiction. The purpose of this Act is to provide for the best interests of a child including, but not limited to, custody, support, and visitation under the following circumstances:

(1) where a child has been parented, for more than one year, in a setting in which 2 persons of the same sex have been responsible for the child's needs and have held themselves out, to the child, each other, and the public as being the parents of the child; however, this Act applies immediately if (i) one person is the natural parent of the child and the other person has legally adopted the child or (ii) the relationship of the persons has been legally recognized in another state;

(2) where, for whatever reason, the child is no longer living with both persons and questions arise regarding the child's support, custody, visitation, and best interests; and

(3) it would be in the best interests of the child for the court to take jurisdiction over the child and the child's parents and the persons holding themselves out to be the child's parents and provide for the child's best interests.

Section 15. Contents of petition. Access to the courts shall be by filing a petition to provide for the parental responsibility of the child by one person allegedly holding himself or herself out as a parent. The petition shall state:

(1) the name and address of the petitioner and the respondents;

(2) whether there is any other person who has been found by a court to be a parent and whether that person's parental rights have been terminated;

(3) whether either of the parties is currently married and whether any child or children were born during the marriage;

(4) the length of time that the petitioner and respondent have co-parented the child;

(5) the name and age of the child;

(6) the location of the child;

(7) the grounds upon which the court should find that the petitioner co-parented the child; and

(8) why it is in the best interest of the child that the court take jurisdiction over the parties and the proceeding.

A copy of any other court orders or documents from this State or any other state affecting, relating to, or deciding the custody, support, or visitation rights of the child shall be attached to the petition.

Section 20. Notice; responsive pleadings.

(a) The petition shall be served on the respondent and any other person named in the petition as being a parent who has standing in the same manner as in all other civil cases.

(b) A respondent shall file a responsive pleading within 30 days.

(c) If any person exists who has been previously found to be the parent of the child or who is currently married to one of the parties and the child was born during the marriage, that person shall be served and shall file a responsive pleading within 30 days.

Section 25. Hearing. The court shall hold a hearing to determine whether it shall take jurisdiction under this Act. If the court finds that it shall take jurisdiction, then the court shall apply the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act of 1984 regarding custody, support, and visitation.

Section 30. Rights of child. Nothing in this Act dilutes or negates any right a child has under the law.