Full Text of HB4113 100th General Assembly
HB4113ham001 100TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 4/5/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4113
| 2 | | AMENDMENT NO. ______. Amend House Bill 4113 on page 1, by | 3 | | replacing line 6 with "602.10, 603.10, and 610.5 as follows:"; | 4 | | and | 5 | | by replacing line 18 on page 7 through line 11 on page 11 with | 6 | | the following: | 7 | | "(750 ILCS 5/602.7)
| 8 | | Sec. 602.7. Allocation of parental responsibilities: | 9 | | parenting time. | 10 | | (a) Allocation of parenting time. Best interests. The court | 11 | | shall allocate parenting time according to the child's best | 12 | | interests.
Unless the parents present a mutually agreed written | 13 | | parenting plan and that plan is approved by the court, the | 14 | | court shall allocate parenting time. There is a rebuttable | 15 | | presumption that it is in the child's best interests to award | 16 | | equal time to each parent. In determining the child's best |
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| 1 | | interests for purposes of allocating parenting time, the court | 2 | | shall consider all relevant factors, including, without | 3 | | limitation, the following: | 4 | | (1) the wishes of each parent seeking parenting time; | 5 | | (2) the wishes of the child, taking into account the | 6 | | child's maturity and ability to express reasoned and | 7 | | independent preferences as to parenting time; | 8 | | (3) the amount of time each parent spent performing | 9 | | caretaking functions with respect to the child in the 24 | 10 | | months preceding the filing of any petition for allocation | 11 | | of parental responsibilities or, if the child is under 2 | 12 | | years of age, since the child's birth; | 13 | | (4) any prior agreement or course of conduct between | 14 | | the parents relating to caretaking functions with respect | 15 | | to the child; | 16 | | (5) the interaction and interrelationship of the child | 17 | | with his or her parents and siblings and with any other | 18 | | person who may significantly affect the child's best | 19 | | interests; | 20 | | (6) the child's adjustment to his or her home, school, | 21 | | and community; | 22 | | (7) the mental and physical health of all individuals | 23 | | involved; | 24 | | (8) the child's needs; | 25 | | (9) the distance between the parents' residences, the | 26 | | cost and difficulty of transporting the child, each |
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| 1 | | parent's and the child's daily schedules, and the ability | 2 | | of the parents to cooperate in the arrangement; | 3 | | (10) whether a restriction on parenting time is | 4 | | appropriate; | 5 | | (11) the physical violence or threat of physical | 6 | | violence by the child's parent directed against the child | 7 | | or other member of the child's household; | 8 | | (12) the willingness and ability of each parent to | 9 | | place the needs of the child ahead of his or her own needs; | 10 | | (13) the willingness and ability of each parent to | 11 | | facilitate and encourage a close and continuing | 12 | | relationship between the other parent and the child; | 13 | | (14) the occurrence of abuse against the child or other | 14 | | member of the child's household; | 15 | | (15) whether one of the parents is a convicted sex | 16 | | offender or lives with a convicted sex offender and, if so, | 17 | | the exact nature of the offense and what if any treatment | 18 | | the offender has successfully participated in; the parties | 19 | | are entitled to a hearing on the issues raised in this | 20 | | paragraph (15); | 21 | | (16) the terms of a parent's military family-care plan | 22 | | that a parent must complete before deployment if a parent | 23 | | is a member of the United States Armed Forces who is being | 24 | | deployed; and | 25 | | (17) any other factor that the court expressly finds to | 26 | | be relevant. |
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| 1 | | If the court deviates from the presumption contained in | 2 | | this subsection, the court shall issue a written decision | 3 | | stating its specific findings of fact and conclusions of law in | 4 | | support of the deviation from the presumption. | 5 | | (b) Restrictions Allocation of parenting time. Unless the | 6 | | parents present a mutually agreed written parenting plan and | 7 | | that plan is approved by the court, the court shall allocate | 8 | | parenting time . It is presumed both parents are fit and the | 9 | | court shall not place any restrictions on parenting time as | 10 | | defined in Section 600 and described in Section 603.10, unless | 11 | | it finds by a preponderance of the evidence that a parent is an | 12 | | unfit person under Section 1 of the Adoption Act. If the court | 13 | | deviates from the presumption contained in this subsection, the | 14 | | court shall issue a written decision stating its specific | 15 | | findings of fact and conclusions of law in support of the | 16 | | deviation from the presumption parent's exercise of parenting | 17 | | time would seriously endanger the child's physical, mental, | 18 | | moral, or emotional health . | 19 | | In determining the child's best interests for purposes of | 20 | | allocating parenting time, the court shall consider all | 21 | | relevant factors, including, without limitation, the | 22 | | following: | 23 | | (1) the wishes of each parent seeking parenting time; | 24 | | (2) the wishes of the child, taking into account the | 25 | | child's maturity and ability to express reasoned and | 26 | | independent preferences as to parenting time; |
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| 1 | | (3) the amount of time each parent spent performing | 2 | | caretaking functions with respect to the child in the 24 | 3 | | months preceding the filing of any petition for allocation | 4 | | of parental responsibilities or, if the child is under 2 | 5 | | years of age, since the child's birth; | 6 | | (4) any prior agreement or course of conduct between | 7 | | the parents relating to caretaking functions with respect | 8 | | to the child; | 9 | | (5) the interaction and interrelationship of the child | 10 | | with his or her parents and siblings and with any other | 11 | | person who may significantly affect the child's best | 12 | | interests; | 13 | | (6) the child's adjustment to his or her home, school, | 14 | | and community; | 15 | | (7) the mental and physical health of all individuals | 16 | | involved; | 17 | | (8) the child's needs; | 18 | | (9) the distance between the parents' residences, the | 19 | | cost and difficulty of transporting the child, each | 20 | | parent's and the child's daily schedules, and the ability | 21 | | of the parents to cooperate in the arrangement; | 22 | | (10) whether a restriction on parenting time is | 23 | | appropriate; | 24 | | (11) the physical violence or threat of physical | 25 | | violence by the child's parent directed against the child | 26 | | or other member of the child's household; |
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| 1 | | (12) the willingness and ability of each parent to | 2 | | place the needs of the child ahead of his or her own needs; | 3 | | (13) the willingness and ability of each parent to | 4 | | facilitate and encourage a close and continuing | 5 | | relationship between the other parent and the child; | 6 | | (14) the occurrence of abuse against the child or other | 7 | | member of the child's household; | 8 | | (15) whether one of the parents is a convicted sex | 9 | | offender or lives with a convicted sex offender and, if so, | 10 | | the exact nature of the offense and what if any treatment | 11 | | the offender has successfully participated in; the parties | 12 | | are entitled to a hearing on the issues raised in this | 13 | | paragraph (15); | 14 | | (16) the terms of a parent's military family-care plan | 15 | | that a parent must complete before deployment if a parent | 16 | | is a member of the United States Armed Forces who is being | 17 | | deployed; and | 18 | | (17) any other factor that the court expressly finds to | 19 | | be relevant. | 20 | | (c) In allocating parenting time, the court shall not | 21 | | consider conduct of a parent that does not affect that parent's | 22 | | relationship to the child.
| 23 | | (d) Upon motion, the court may allow a parent who is | 24 | | deployed or who has orders to be deployed as a member of the | 25 | | United States Armed Forces to designate a person known to the | 26 | | child to exercise reasonable substitute visitation on behalf of |
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| 1 | | the deployed parent, if the court determines that substitute | 2 | | visitation is in the best interests of the child. In | 3 | | determining whether substitute visitation is in the best | 4 | | interests of the child, the court shall consider all of the | 5 | | relevant factors listed in subsection (b) of this Section and | 6 | | apply those factors to the person designated as a substitute | 7 | | for the deployed parent for visitation purposes. Visitation | 8 | | orders entered under this subsection are subject to subsections | 9 | | (e) and (f) of Section 602.9 and subsections (c) and (d) of | 10 | | Section 603.10. | 11 | | (e) If the street address of a parent is not identified | 12 | | pursuant to Section 708 of this Act, the court shall require | 13 | | the parties to identify reasonable alternative arrangements | 14 | | for parenting time by the other parent including, but not | 15 | | limited to, parenting time of the minor child at the residence | 16 | | of another person or at a local public or private facility.
| 17 | | (Source: P.A. 99-90, eff. 1-1-16 .)"; and | 18 | | on page 16, by replacing lines 21 through 23 with the | 19 | | following: | 20 | | " is an unfit person, as defined in Section 1 of the Adoption | 21 | | Act engaged in any conduct that seriously endangered the | 22 | | child's mental, moral, or physical health or that significantly | 23 | | impaired the child's emotional development , the court shall"; | 24 | | and |
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| 1 | | on page 20, by inserting immediately below line 19 the | 2 | | following:
| 3 | | "(750 ILCS 5/610.5) | 4 | | Sec. 610.5. Modification. | 5 | | (a) Unless by stipulation of the parties or except as | 6 | | provided in Section 603.10 of this Act, no motion to modify an | 7 | | order allocating parental decision-making responsibilities, | 8 | | not including parenting time, may be made earlier than 2 years | 9 | | after its date, unless the court permits it to be made on the | 10 | | basis of affidavits that there is reason to believe the child's | 11 | | present environment may endanger seriously his or her mental, | 12 | | moral, or physical health or significantly impair the child's | 13 | | emotional development. Parenting time may be modified at any | 14 | | time, without a showing of serious endangerment, upon a showing | 15 | | of changed circumstances that necessitates modification to | 16 | | serve the best interests of the child. | 17 | | (b) (Blank). | 18 | | (c) Except in a case concerning the modification of any | 19 | | restriction of parental responsibilities under Section 603.10,
| 20 | | the court shall modify a parenting plan or allocation judgment | 21 | | when necessary to serve the child's best interests if the court | 22 | | finds, by a preponderance of the evidence, that on the basis of | 23 | | facts that have arisen since the entry of the existing | 24 | | parenting plan or allocation judgment or were not anticipated | 25 | | therein, a substantial change has occurred in the circumstances |
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| 1 | | of the child or of either parent and that a modification is | 2 | | necessary to serve the child's best interests. | 3 | | (d) The court shall modify a parenting plan or allocation | 4 | | judgment in accordance with a parental agreement, unless it | 5 | | finds that the modification is not in the child's best | 6 | | interests. | 7 | | (e) The court may modify a parenting plan or allocation | 8 | | judgment without a showing of changed circumstances if (i) the | 9 | | modification is in the child's best interests; and (ii) any of | 10 | | the following are proven as to the modification: | 11 | | (1) the modification reflects the actual arrangement | 12 | | under which the child has been receiving care, without | 13 | | parental objection, for the 6 months preceding the filing | 14 | | of the petition for modification, provided that the | 15 | | arrangement is not the result of a parent's acquiescence | 16 | | resulting from circumstances that negated the parent's | 17 | | ability to give meaningful consent; | 18 | | (2) the modification constitutes a minor modification | 19 | | in the parenting plan or allocation judgment; | 20 | | (3) the modification is necessary to modify an agreed | 21 | | parenting plan or allocation judgment that the court would | 22 | | not have ordered or approved under Section 602.5 or 602.7 | 23 | | had the court been aware of the circumstances at the time | 24 | | of the order or approval; or | 25 | | (4) the parties agree to the modification. | 26 | | (f) Attorney's fees and costs shall be assessed against a |
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| 1 | | party seeking
modification if the court finds that the | 2 | | modification action is vexatious or constitutes harassment. If | 3 | | the court finds that a parent has repeatedly filed frivolous | 4 | | motions for modification, the court may bar the parent from | 5 | | filing a motion for modification for a period of time. | 6 | | (g) If a parenting plan or judgment of dissolution of | 7 | | marriage allocates parental responsibilities in a way that | 8 | | deviates from the presumptions in this Act, a parent may | 9 | | petition to modify the parenting plan without showing a | 10 | | substantial change in circumstances within 730 days after the | 11 | | effective date of this amendatory Act of the 100th General | 12 | | Assembly.
| 13 | | (Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17 .)".
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