Rep. La Shawn K. Ford
Filed: 3/11/2019
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1 | AMENDMENT TO HOUSE BILL 185
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2 | AMENDMENT NO. ______. Amend House Bill 185 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Marriage and Dissolution of | ||||||
5 | Marriage Act is amended by changing Sections 602.5 and 602.7 as | ||||||
6 | follows: | ||||||
7 | (750 ILCS 5/602.5) | ||||||
8 | Sec. 602.5. Allocation of parental responsibilities: | ||||||
9 | decision-making. | ||||||
10 | (a) Generally. The court shall allocate decision-making | ||||||
11 | responsibilities according to the child's best interests. | ||||||
12 | Nothing in this Act requires that each parent be allocated | ||||||
13 | decision-making responsibilities. | ||||||
14 | (b) Allocation of significant decision-making | ||||||
15 | responsibilities. Unless the parents otherwise agree in | ||||||
16 | writing on an allocation of significant decision-making |
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1 | responsibilities, or the issue of the allocation of parental | ||||||
2 | responsibilities has been reserved under Section 401, the court | ||||||
3 | shall make the determination. The court shall allocate to one | ||||||
4 | or both of the parents the significant decision-making | ||||||
5 | responsibility for each significant issue affecting the child. | ||||||
6 | Those significant issues shall include, without limitation, | ||||||
7 | the following: | ||||||
8 | (1) Education, including the choice of schools and | ||||||
9 | tutors. | ||||||
10 | (2) Health, including all decisions relating to the | ||||||
11 | medical, dental, and psychological needs of the child and | ||||||
12 | to the treatments arising or resulting from those needs. | ||||||
13 | (3) Religion, subject to the following provisions: | ||||||
14 | (A) The court shall allocate decision-making | ||||||
15 | responsibility for the child's religious upbringing in | ||||||
16 | accordance with any express or implied agreement | ||||||
17 | between the parents. | ||||||
18 | (B) The court shall consider evidence of the | ||||||
19 | parents' past conduct as to the child's religious | ||||||
20 | upbringing in allocating decision-making | ||||||
21 | responsibilities consistent with demonstrated past | ||||||
22 | conduct in the absence of an express or implied | ||||||
23 | agreement between the parents. | ||||||
24 | (C) The court shall not allocate any aspect of the | ||||||
25 | child's religious upbringing if it determines that the | ||||||
26 | parents do not or did not have an express or implied |
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1 | agreement for such religious upbringing or that there | ||||||
2 | is insufficient evidence to demonstrate a course of | ||||||
3 | conduct regarding the child's religious upbringing | ||||||
4 | that could serve as a basis for any such order. | ||||||
5 | (4) Extracurricular activities. | ||||||
6 | (c) Determination of child's best interests. In | ||||||
7 | determining the child's best interests for purposes of | ||||||
8 | allocating significant decision-making responsibilities, the | ||||||
9 | court shall consider all relevant factors, including, without | ||||||
10 | limitation, the following: | ||||||
11 | (1) the wishes of the child, taking into account the | ||||||
12 | child's maturity and ability to express reasoned and | ||||||
13 | independent preferences as to decision-making; | ||||||
14 | (2) the child's adjustment to his or her home, school, | ||||||
15 | and community; | ||||||
16 | (3) the mental and physical health of all individuals | ||||||
17 | involved; | ||||||
18 | (4) the ability of the parents to cooperate to make | ||||||
19 | decisions, or the level of conflict between the parties | ||||||
20 | that may affect their ability to share decision-making; | ||||||
21 | (5) the level of each parent's participation in past | ||||||
22 | significant decision-making with respect to the child; | ||||||
23 | (6) any prior agreement or course of conduct between | ||||||
24 | the parents relating to decision-making with respect to the | ||||||
25 | child;
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26 | (7) the wishes of the parents; |
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1 | (8) the child's needs; | ||||||
2 | (9) the distance between the parents' residences, the | ||||||
3 | cost and difficulty of transporting the child, each | ||||||
4 | parent's and the child's daily schedules, and the ability | ||||||
5 | of the parents to cooperate in the arrangement; | ||||||
6 | (10) whether a restriction on decision-making is | ||||||
7 | appropriate under Section 603.10;
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8 | (11) 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; | ||||||
11 | (12) the physical violence or threat of physical | ||||||
12 | violence by the child's parent directed against the child; | ||||||
13 | (13) the occurrence of abuse against the child or other | ||||||
14 | member of the child's household; | ||||||
15 | (14) whether one of the parents is a sex offender, and | ||||||
16 | if so, the exact nature of the offense and what, if any, | ||||||
17 | treatment in which the parent has successfully | ||||||
18 | participated; and
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19 | (15) any other factor that the court expressly finds to | ||||||
20 | be relevant.
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21 | (d) A parent shall have sole responsibility for making | ||||||
22 | routine decisions with respect to the child and for emergency | ||||||
23 | decisions affecting the child's health and safety during that | ||||||
24 | parent's parenting time. | ||||||
25 | (e) In allocating significant decision-making | ||||||
26 | responsibilities, the court shall not consider conduct of a |
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1 | parent that does not affect that parent's relationship to the | ||||||
2 | child.
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3 | (Source: P.A. 99-90, eff. 1-1-16 .) | ||||||
4 | (750 ILCS 5/602.7)
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5 | Sec. 602.7. Allocation of parental responsibilities: | ||||||
6 | parenting time. | ||||||
7 | (a) Best interests. The court shall allocate parenting time | ||||||
8 | according to the child's best interests.
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9 | (b) Allocation of parenting time. Unless the parents | ||||||
10 | present a mutually agreed written parenting plan and that plan | ||||||
11 | is approved by the court, the court shall allocate parenting | ||||||
12 | time. It is presumed both parents are fit and fit parents act | ||||||
13 | in the best interest of their children, therefore the court | ||||||
14 | shall not place any restrictions on parenting time as defined | ||||||
15 | in Section 600 and described in Section 603.10, unless it finds | ||||||
16 | by a preponderance of the evidence that a parent's exercise of | ||||||
17 | parenting time would seriously endanger the child's physical, | ||||||
18 | mental, moral, or emotional health. | ||||||
19 | In determining the child's best interests for purposes of | ||||||
20 | allocating parenting time, the court shall consider all | ||||||
21 | relevant factors, including, without limitation, the | ||||||
22 | following: | ||||||
23 | (1) the wishes of each parent seeking parenting time; | ||||||
24 | (2) the wishes of the child, taking into account the | ||||||
25 | child's maturity and ability to express reasoned and |
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1 | independent preferences as to parenting time; | ||||||
2 | (3) (blank); the amount of time each parent spent | ||||||
3 | performing caretaking functions with respect to the child | ||||||
4 | in the 24 months preceding the filing of any petition for | ||||||
5 | allocation of parental responsibilities or, if the child is | ||||||
6 | under 2 years of age, since the child's birth; | ||||||
7 | (4) any prior agreement or course of conduct between | ||||||
8 | the parents relating to caretaking functions with respect | ||||||
9 | to the child; | ||||||
10 | (5) the interaction and interrelationship of the child | ||||||
11 | with his or her parents and siblings and with any other | ||||||
12 | person who may significantly affect the child's best | ||||||
13 | interests; | ||||||
14 | (6) the child's adjustment to his or her home, school, | ||||||
15 | and community; | ||||||
16 | (7) the mental and physical health of all individuals | ||||||
17 | involved; | ||||||
18 | (8) the child's needs; | ||||||
19 | (9) the distance between the parents' residences, the | ||||||
20 | cost and difficulty of transporting the child, each | ||||||
21 | parent's and the child's daily schedules, and the ability | ||||||
22 | of the parents to cooperate in the arrangement; | ||||||
23 | (10) whether a restriction on parenting time is | ||||||
24 | appropriate; | ||||||
25 | (11) the physical violence or threat of physical | ||||||
26 | violence by the child's parent directed against the child |
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1 | or other member of the child's household; | ||||||
2 | (12) the willingness and ability of each parent to | ||||||
3 | place the needs of the child ahead of his or her own needs; | ||||||
4 | (13) the willingness and ability of each parent to | ||||||
5 | facilitate and encourage a close and continuing | ||||||
6 | relationship between the other parent and the child; | ||||||
7 | (14) the occurrence of abuse against the child or other | ||||||
8 | member of the child's household; | ||||||
9 | (15) whether one of the parents is a convicted sex | ||||||
10 | offender or lives with a convicted sex offender and, if so, | ||||||
11 | the exact nature of the offense and what if any treatment | ||||||
12 | the offender has successfully participated in; the parties | ||||||
13 | are entitled to a hearing on the issues raised in this | ||||||
14 | paragraph (15); | ||||||
15 | (16) the terms of a parent's military family-care plan | ||||||
16 | that a parent must complete before deployment if a parent | ||||||
17 | is a member of the United States Armed Forces who is being | ||||||
18 | deployed; and | ||||||
19 | (17) any other factor that the court expressly finds to | ||||||
20 | be relevant. | ||||||
21 | (c) In allocating parenting time, the court shall not | ||||||
22 | consider conduct of a parent that does not affect that parent's | ||||||
23 | relationship to the child.
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24 | (d) Upon motion, the court may allow a parent who is | ||||||
25 | deployed or who has orders to be deployed as a member of the | ||||||
26 | United States Armed Forces to designate a person known to the |
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1 | child to exercise reasonable substitute visitation on behalf of | ||||||
2 | the deployed parent, if the court determines that substitute | ||||||
3 | visitation is in the best interests of the child. In | ||||||
4 | determining whether substitute visitation is in the best | ||||||
5 | interests of the child, the court shall consider all of the | ||||||
6 | relevant factors listed in subsection (b) of this Section and | ||||||
7 | apply those factors to the person designated as a substitute | ||||||
8 | for the deployed parent for visitation purposes. Visitation | ||||||
9 | orders entered under this subsection are subject to subsections | ||||||
10 | (e) and (f) of Section 602.9 and subsections (c) and (d) of | ||||||
11 | Section 603.10. | ||||||
12 | (e) If the street address of a parent is not identified | ||||||
13 | pursuant to Section 708 of this Act, the court shall require | ||||||
14 | the parties to identify reasonable alternative arrangements | ||||||
15 | for parenting time by the other parent including, but not | ||||||
16 | limited to, parenting time of the minor child at the residence | ||||||
17 | of another person or at a local public or private facility.
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18 | (Source: P.A. 99-90, eff. 1-1-16 .)".
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