Sen. Iris Y. Martinez
Filed: 5/5/2009
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2283 




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    AMENDMENT NO. ______. Amend House Bill 2283 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Marriage and Dissolution of 
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Marriage Act is amended  by changing Sections 602 and 610 as 
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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 or repeated  abuse as 
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    defined in Section 103 of the
Illinois Domestic Violence 
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    Act of 1986, whether directed against the child
or directed 
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    against another person;


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

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        (10) the terms of a parent's military family-care plan 
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    that a parent must complete before deployment if a parent 
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    is a member of the United States armed forces who is being 
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    deployed. 
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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. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06; 
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95-331, eff. 8-21-07.)

 



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



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    Sec. 610. Modification. 

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

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

 


 






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    (b) The court shall not modify a prior custody judgment 
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unless it finds by
clear and convincing evidence, upon the 
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basis of facts that have arisen since
the prior judgment or 
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that were unknown to the court at the time of entry of
the 
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prior judgment, that a change has occurred in the circumstances 
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of the
child or his custodian, or in the case of a joint 
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custody arrangement that a
change has occurred in the 
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circumstances of the child or either or both parties
having 
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custody, and that the modification is necessary to serve the 
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best
interest of the child.  The existence of facts requiring 
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notice to be given under Section 609.5 of this Act shall be 
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considered a change in circumstance. In the case of joint 
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custody, if the parties agree to a
termination of a joint 
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custody arrangement, the court shall so terminate the
joint 
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custody and make any modification which is in the child's best 
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interest.
The court shall state in its decision specific 
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findings of fact in support of
its modification or termination 
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of joint custody if either parent opposes the
modification or 
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termination.

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

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

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

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    (e) A party's absence, relocation, or failure to comply 
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with the court's orders on custody, visitation, or parenting 
 


 






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time may not, by itself, be sufficient to justify a 
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modification of a prior order if the reason for the absence, 
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relocation, or failure to comply is the party's deployment as a 
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member of the United States armed forces. 
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(Source: P.A. 94-643, eff. 1-1-06.)".