HB4895 Engrossed LRB093 19027 LCB 44762 b

1     AN ACT concerning child custody.
 
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 Section 602 as follows:
 
6     (750 ILCS 5/602)  (from Ch. 40, par. 602)
7     Sec. 602. Best Interest of Child.
8     (a) The court shall determine custody in accordance with
9 the best interest of the child. The court shall consider all
10 relevant factors including:
11         (1) the wishes of the child's parent or parents as to
12     his custody;
13         (2) the wishes of the child as to his custodian;
14         (3) the interaction and interrelationship of the child
15     with his parent or parents, his siblings and any other
16     person who may significantly affect the child's best
17     interest;
18         (4) the child's adjustment to his home, school and
19     community;
20         (5) the mental and physical health of all individuals
21     involved;
22         (6) the physical violence or threat of physical
23     violence by the child's potential custodian, whether
24     directed against the child or directed against another
25     person;
26         (7) the occurrence of ongoing abuse as defined in
27     Section 103 of the Illinois Domestic Violence Act of 1986,
28     whether directed against the child or directed against
29     another person; and
30         (8) the willingness and ability of each parent to
31     facilitate and encourage a close and continuing
32     relationship between the other parent and the child; and .

 

 

HB4895 Engrossed - 2 - LRB093 19027 LCB 44762 b

1         (9) any pending criminal charge against any party to
2     the proceeding.
3         With regards to the factor set forth in item (9) of
4     this subsection (a), the court in its discretion may
5     continue or postpone a custody award until the criminal
6     charge has been adjudicated.
7     In the case of a custody proceeding in which a stepparent
8 has standing under Section 601, it is presumed to be in the
9 best interest of the minor child that the natural parent have
10 the custody of the minor child unless the presumption is
11 rebutted by the stepparent.
12     (b) The court shall not consider conduct of a present or
13 proposed custodian that does not affect his relationship to the
14 child.
15     (c) Unless the court finds the occurrence of ongoing abuse
16 as defined in Section 103 of the Illinois Domestic Violence Act
17 of 1986, the court shall presume that the maximum involvement
18 and cooperation of both parents regarding the physical, mental,
19 moral, and emotional well-being of their child is in the best
20 interest of the child. There shall be no presumption in favor
21 of or against joint custody.
22 (Source: P.A. 90-782, eff. 8-14-98.)