95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3675

 

Introduced 2/28/2007, by Rep. Ronald A. Wait

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/602.1   from Ch. 40, par. 602.1

    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in a joint custodial situation, the parents of the child may agree, or the court may order, that the physical residence of the child shall be the former marital residence and that one parent shall reside at the residence with the child during the time that that parent has physical custody of the child pursuant to the Joint Parenting Agreement or Joint Parenting Order and the other parent shall reside elsewhere during that time. Provides that this provision may be referred to as the "child homestead stability" provision of the Act. Effective immediately.


LRB095 10260 DRJ 32353 b

 

 

A BILL FOR

 

HB3675 LRB095 10260 DRJ 32353 b

1     AN ACT concerning civil law, which may be referred to as
2 the Child Homestead Stability Act.
 
3     Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
 
5     Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 602.1 as follows:
 
7     (750 ILCS 5/602.1)  (from Ch. 40, par. 602.1)
8     Sec. 602.1. (a) The dissolution of marriage, the
9 declaration of invalidity of marriage, the legal separation of
10 the parents, or the parents living separate and apart shall not
11 diminish parental powers, rights, and responsibilities except
12 as the court for good reason may determine under the standards
13 of Section 602.
14     (b) Upon the application of either or both parents, or upon
15 its own motion, the court shall consider an award of joint
16 custody. Joint custody means custody determined pursuant to a
17 Joint Parenting Agreement or a Joint Parenting Order. In such
18 cases, the court shall initially request the parents to produce
19 a Joint Parenting Agreement. Such Agreement shall specify each
20 parent's powers, rights and responsibilities for the personal
21 care of the child and for major decisions such as education,
22 health care, and religious training. The Agreement shall
23 further specify a procedure by which proposed changes, disputes

 

 

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1 and alleged breaches may be mediated or otherwise resolved and
2 shall provide for a periodic review of its terms by the
3 parents. In producing a Joint Parenting Agreement, the parents
4 shall be flexible in arriving at resolutions which further the
5 policy of this State as expressed in Sections 102 and 602. For
6 the purpose of assisting the court in making a determination
7 whether an award of joint custody is appropriate, the court may
8 order mediation and may direct that an investigation be
9 conducted pursuant to the provisions of Section 605. If there
10 is a danger to the health or safety of a partner, joint
11 mediation shall not be required by the court. In the event the
12 parents fail to produce a Joint Parenting Agreement, the court
13 may enter an appropriate Joint Parenting Order under the
14 standards of Section 602 which shall specify and contain the
15 same elements as a Joint Parenting Agreement, or it may award
16 sole custody under the standards of Sections 602, 607, and 608.
17     (c) The court may enter an order of joint custody if it
18 determines that joint custody would be in the best interests of
19 the child, taking into account the following:
20         (1) the ability of the parents to cooperate effectively
21     and consistently in matters that directly affect the joint
22     parenting of the child. "Ability of the parents to
23     cooperate" means the parents' capacity to substantially
24     comply with a Joint Parenting Order. The court shall not
25     consider the inability of the parents to cooperate
26     effectively and consistently in matters that do not

 

 

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1     directly affect the joint parenting of the child;
2         (2) The residential circumstances of each parent; and
3         (3) all other factors which may be relevant to the best
4     interest of the child.
5     (d) Nothing within this section shall imply or presume that
6 joint custody shall necessarily mean equal parenting time. The
7 physical residence of the child in joint custodial situations
8 shall be determined by:
9         (1) express agreement of the parties; or
10         (2) order of the court under the standards of this
11     Section.
12     (d-5) In a joint custodial situation, the parents of the
13 child may agree, or the court may order, that the physical
14 residence of the child shall be the former marital residence
15 and that one parent shall reside at the residence with the
16 child during the time that that parent has physical custody of
17 the child pursuant to the Joint Parenting Agreement or Joint
18 Parenting Order and the other parent shall reside elsewhere
19 during that time. This subsection (d-5) may be referred to as
20 the "child homestead stability" provision of this Act.
21     (e) Notwithstanding any other provision of law, access to
22 records and information pertaining to a child, including but
23 not limited to medical, dental, child care and school records,
24 shall not be denied to a parent for the reason that such parent
25 is not the child's custodial parent; however, no parent shall
26 have access to the school records of a child if the parent is

 

 

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1 prohibited by an order of protection from inspecting or
2 obtaining such records pursuant to the Illinois Domestic
3 Violence Act of 1986, as now or hereafter amended.
4 (Source: P.A. 94-377, eff. 7-29-05.)
 
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.