HB2283 Enrolled

LRB096 09929 AJO 20093 b






1
    AN ACT concerning civil law.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:



 
4
    Section 5. The Illinois Marriage and Dissolution of 
5
Marriage Act is amended  by changing Sections 602 and 610 as 
6
follows:
 



7
    (750 ILCS 5/602)  (from Ch. 40, par. 602)



8
    Sec. 602. Best Interest of Child. 

9
    (a) The court shall determine
custody in accordance with 
10
the best interest of the child. The court
shall consider all 
11
relevant factors including:


12
        (1) the wishes of the child's parent or parents as to 
13
    his custody;


14
        (2) the wishes of the child as to his custodian;


15
        (3) the interaction and interrelationship of the child 
16
    with his
parent or parents, his siblings and any other 
17
    person who may
significantly affect the child's best 
18
    interest;


19
        (4) the child's adjustment to his home, school and 
20
    community;


21
        (5) the mental and physical health of all individuals 
22
    involved;


23
        (6) the physical violence or threat of physical 
 


 






HB2283 Enrolled
- 2 -
LRB096 09929 AJO 20093 b




1
    violence by the child's
potential custodian, whether 
2
    directed against the child or directed against
another 
3
    person;


4
        (7) the occurrence of ongoing or repeated  abuse as 
5
    defined in Section 103 of the
Illinois Domestic Violence 
6
    Act of 1986, whether directed against the child
or directed 
7
    against another person;


8
        (8) the willingness and ability of each parent to 
9
    facilitate and
encourage a close and continuing 
10
    relationship between the other parent
and the child; and

11
        (9) whether one of the parents is a sex offender; and .

12
        (10) the terms of a parent's military family-care plan 
13
    that a parent must complete before deployment if a parent 
14
    is a member of the United States Armed Forces who is being 
15
    deployed. 
16
    In the case of a custody proceeding in which a stepparent 
17
has standing
under Section 601, it is presumed to be in the 
18
best interest of the minor child
that the natural parent have 
19
the custody of the minor child unless the
presumption is 
20
rebutted by the stepparent.

21
    (b) The court shall not consider conduct of a present or 
22
proposed
custodian that does not affect his relationship to the 
23
child.

24
    (c) Unless the court finds the occurrence of ongoing abuse 
25
as defined
in Section 103 of the Illinois Domestic Violence Act 
26
of 1986, the court
shall presume that the maximum involvement 
 


 






HB2283 Enrolled
- 3 -
LRB096 09929 AJO 20093 b




1
and cooperation
of both parents regarding the physical, mental, 
2
moral, and emotional
well-being of
their child is in the best 
3
interest of the child.  There shall be no
presumption in favor 
4
of or against joint custody.

5
(Source: P.A. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06; 
6
95-331, eff. 8-21-07.)

 



7
    (750 ILCS 5/610)  (from Ch. 40, par. 610)



8
    Sec. 610. Modification. 

9
    (a) Unless by stipulation of the parties or except as 
10
provided in subsection (a-5), no motion
to modify a custody 
11
judgment may be made earlier than 2 years after its
date, 
12
unless the court permits it to be made on the basis of 
13
affidavits
that there is reason to believe the child's present 
14
environment may endanger
seriously his physical, mental, moral 
15
or emotional health.

16
    (a-5) A motion to modify a custody judgment may be made at 
17
any time by a party who has been informed of the existence of 
18
facts requiring notice to be given under Section 609.5.

19
    (b) The court shall not modify a prior custody judgment 
20
unless it finds by
clear and convincing evidence, upon the 
21
basis of facts that have arisen since
the prior judgment or 
22
that were unknown to the court at the time of entry of
the 
23
prior judgment, that a change has occurred in the circumstances 
24
of the
child or his custodian, or in the case of a joint 
25
custody arrangement that a
change has occurred in the 
 


 






HB2283 Enrolled
- 4 -
LRB096 09929 AJO 20093 b




1
circumstances of the child or either or both parties
having 
2
custody, and that the modification is necessary to serve the 
3
best
interest of the child.  The existence of facts requiring 
4
notice to be given under Section 609.5 of this Act shall be 
5
considered a change in circumstance. In the case of joint 
6
custody, if the parties agree to a
termination of a joint 
7
custody arrangement, the court shall so terminate the
joint 
8
custody and make any modification which is in the child's best 
9
interest.
The court shall state in its decision specific 
10
findings of fact in support of
its modification or termination 
11
of joint custody if either parent opposes the
modification or 
12
termination.

13
    (c) Attorney fees and costs shall be assessed against a 
14
party seeking
modification if the court finds that the 
15
modification action is vexatious
and constitutes harassment.

16
    (d) Notice under this Section shall be given as provided in

17
subsections (c) and (d) of Section 601.

18
    (e) A party's absence, relocation, or failure to comply 
19
with the court's orders on custody, visitation, or parenting 
20
time may not, by itself, be sufficient to justify a 
21
modification of a prior order if the reason for the absence, 
22
relocation, or failure to comply is the party's deployment as a 
23
member of the United States Armed Forces. 
24
(Source: P.A. 94-643, eff. 1-1-06.)