Bill Status of SB2595 94th General Assembly
Short Description: MARRIAGE ACT-CHILD'S BEST INT
Sen. William R. Haine - Pamela J. Althoff - Cheryl Axley - Wendell E. Jones
| 1/9/2007||Senate||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that there is a rebuttable presumption that it is not in the best interest of a child to award custody to a parent who has been convicted of a crime that is in one of several designated categories (including battery, unlawful restraint, and stalking), convicted of a crime that resulted in serious physical injury to a family or household member, or determined by a court order to have violated an order of protection. The presumption can be rebutted by a preponderance of the evidence that the parent has completed a partner abuse program; alcohol and drug screening, if the court deems the screening to be appropriate, and alcohol or drug counseling or treatment, if applicable; all of the factors weigh in the parent's favor; and there is little likelihood of any future injury to the child. If the presumption is rebutted, the court shall state the evidence relied upon. If the presumption is not rebutted, custody shall be with the other parent, provided that is in the best interest of the child. If the presumptions for both parents are not rebutted, the court may award custody to one parent, if to do so is in the best interest of the child. Deletes from the list of relevant factors to consider in the determination of the best interest of the child, the willingness and ability of each parent to facilitate and encourage a continuing relationship between the other parent and the child.