Full Text of HB3675 95th General Assembly
HB3675 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3675
Introduced 2/28/2007, by Rep. Ronald A. Wait SYNOPSIS AS INTRODUCED: |
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750 ILCS 5/602.1 |
from Ch. 40, par. 602.1 |
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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.
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A BILL FOR
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HB3675 |
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LRB095 10260 DRJ 32353 b |
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| AN ACT concerning civil law, which may be referred to as | 2 |
| the Child Homestead Stability Act.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of | 6 |
| Marriage Act is amended by changing Section 602.1 as follows:
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| (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
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| 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.
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| (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
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| 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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HB3675 |
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LRB095 10260 DRJ 32353 b |
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| and alleged breaches may be mediated or otherwise resolved and
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| 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.
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| (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:
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| (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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HB3675 |
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LRB095 10260 DRJ 32353 b |
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| directly affect
the joint parenting of the child;
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| (2) The residential circumstances of each parent; and
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| (3) all other factors which may be relevant to the best | 4 |
| interest of the
child.
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| (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:
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| (1) express agreement of the parties; or
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| (2) order of the court under the standards of this | 11 |
| Section.
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| (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.
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| (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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HB3675 |
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LRB095 10260 DRJ 32353 b |
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| 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.
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| (Source: P.A. 94-377, eff. 7-29-05.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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