Full Text of SB2821 96th General Assembly
SB2821 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB2821
Introduced 1/28/2010, by Sen. Dale E. Risinger 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. Adds to existing requirements for a Joint Parenting Agreement that, in order to obtain court approval, the Agreement must, at a minimum, detail how the parents will share the daily tasks associated with the upbringing of the child; the time-sharing schedule arrangements that specify each parent's time with the child; who is responsible for health care, school-related matters, and other activities; and the methods and technologies that the parents will use to communicate with the child.
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A BILL FOR
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SB2821 |
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LRB096 19734 AJO 35153 b |
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| AN ACT concerning civil law.
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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 | 5 |
| 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 | 8 |
| declaration of
invalidity of marriage, the legal separation of | 9 |
| the parents, or the parents
living separate and apart shall not | 10 |
| diminish parental powers, rights, and
responsibilities except | 11 |
| as the court for good reason may determine under
the standards | 12 |
| of Section 602.
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| (b) Upon the application of either or both parents, or upon | 14 |
| its own motion,
the court shall consider an award of joint | 15 |
| custody. Joint custody means
custody determined pursuant to a | 16 |
| Joint Parenting Agreement or a Joint Parenting
Order. In such | 17 |
| cases, the court shall initially request the parents to produce
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| a Joint Parenting Agreement. Such Agreement shall specify each | 19 |
| parent's
powers, rights and responsibilities for the personal | 20 |
| care of the child and
for major decisions such as education, | 21 |
| health care, and religious training.
An Agreement approved by | 22 |
| the court must, at a minimum, describe in adequate detail how | 23 |
| the parents will share and be responsible for the daily tasks |
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SB2821 |
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LRB096 19734 AJO 35153 b |
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| associated with the upbringing of the child; the time-sharing | 2 |
| schedule arrangements that specify the time that the minor | 3 |
| child will spend with each parent; a designation of who will be | 4 |
| responsible for any and all forms of health care, | 5 |
| school-related matters including the address to be used for | 6 |
| school-boundary determination and registration, and other | 7 |
| activities; and the methods and technologies that the parents | 8 |
| will use to communicate with the child. The Agreement shall | 9 |
| further specify a procedure by which proposed changes,
disputes | 10 |
| 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 | 12 |
| parents. In
producing a Joint Parenting Agreement, the parents | 13 |
| shall be flexible in
arriving at resolutions which further the | 14 |
| policy of this State as expressed
in Sections 102 and 602. For | 15 |
| the purpose of assisting the court in making
a determination | 16 |
| whether an award of joint custody is appropriate, the court
may | 17 |
| order mediation and may direct that an investigation be | 18 |
| conducted
pursuant to the provisions of Section 605. If there | 19 |
| is a danger to the health or safety of a partner, joint | 20 |
| mediation shall not be required by the court. In the event the | 21 |
| parents fail
to produce a Joint Parenting Agreement, the court | 22 |
| may enter an appropriate
Joint Parenting Order under the | 23 |
| standards of Section 602 which shall
specify and contain the | 24 |
| same elements as a Joint Parenting Agreement, or it
may award | 25 |
| 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 |
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LRB096 19734 AJO 35153 b |
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| determines
that joint custody would be in the best interests of | 2 |
| the child, taking into
account the following:
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| (1) the ability of the parents to cooperate effectively | 4 |
| and
consistently in matters that directly affect the joint | 5 |
| parenting of the child.
"Ability of the parents
to | 6 |
| cooperate" means the parents' capacity to substantially | 7 |
| comply with a Joint
Parenting Order. The court shall not | 8 |
| consider the inability of the parents to
cooperate | 9 |
| effectively and consistently in matters that do not | 10 |
| 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 | 13 |
| interest of the
child.
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| (d) Nothing within this section shall imply or presume that | 15 |
| joint
custody shall necessarily mean equal parenting time. The | 16 |
| physical
residence of the child in joint custodial situations | 17 |
| 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 | 20 |
| Section.
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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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LRB096 19734 AJO 35153 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 or pursuant | 4 |
| to the Code of Criminal Procedure of 1963. No parent who is a | 5 |
| named respondent in an order of protection issued pursuant to | 6 |
| the Illinois Domestic Violence Act of 1986 or the Code of | 7 |
| Criminal Procedure of 1963 shall have access to the health care | 8 |
| records of a child who is a protected person under that order | 9 |
| of protection.
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| (Source: P.A. 95-912, eff. 1-1-09; 96-651, eff. 1-1-10.)
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