Illinois General Assembly - Bill Status for HB2992

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if the court finds that it is in the best interest of the child and awards joint custody or visitation rights, the court shall find that both parties have the right of first refusal to care for the minor children if the absence of either party is necessary during the party's normal parenting time. Provides that the use of baby-sitters, family members, or subsequent spouses is secondary to the right of first refusal. Provides that "right of first refusal" means that in the event that either parent intends to leave the minor children for a period of 4 hours or longer, that parent shall first offer the other parent an opportunity for additional time with the children before making other arrangements for the temporary care of the children. Contains provisions concerning the setting of parameters regarding distance, transportation, and time constraints which may make the offering of additional parenting time impractical and therefore not required. Provides that the parent leaving the children with the other parent or with a temporary child care provider shall notify the other parent of the duration of the parenting time or temporary care of the children by other persons. Contains procedural requirements regarding the offering and acceptance of additional parenting time. Provides that the parent exercising additional parenting time shall provide the necessary transportation unless the parties agree otherwise. Provides that the new provisions are enforceable under the Section of the Act concerning visitation abuse. Provides that the right of first refusal shall be terminated upon the termination of custody or visitation rights.

Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if the court awards joint custody or visitation rights, the court may consider, consistent with the best interest of the child, whether to award to one or both of the parties the right of first refusal to provide child care for the minor child or children during the other parent's normal parenting time, unless the need for child care is attributable to an emergency. Provides that "right of first refusal" means that if a party intends to leave the minor child or children with a substitute child-care provider for a significant period of time, that party must first offer the other party an opportunity to personally care for the minor child or children. Provides that the parties may agree to a right of first refusal, but if they do not and the court determines that a right of first refusal is in the best interest of the child, the court shall consider an make provisions in its order for specified considerations relating to the right of first refusal. Provides that the new provisions are enforceable under the Section of the Act concerning visitation abuse. Provides that the right of first refusal are terminated upon the termination of custody or visitation rights.

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