Full Text of HB4113 100th General Assembly
HB4113ham002 100TH GENERAL ASSEMBLY | Rep. La Shawn K. Ford Filed: 4/9/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4113
| 2 | | AMENDMENT NO. ______. Amend House Bill 4113 by replacing | 3 | | line 18 on page 7 through line 11 on page 11 with the | 4 | | following: | 5 | | "(750 ILCS 5/602.7)
| 6 | | Sec. 602.7. Allocation of parental responsibilities: | 7 | | parenting time. | 8 | | (a) Allocation of parenting time. Best interests. The court | 9 | | shall allocate parenting time according to the child's best | 10 | | interests.
Unless the parents present a mutually agreed written | 11 | | parenting plan and that plan is approved by the court, the | 12 | | court shall allocate parenting time. There is a rebuttable | 13 | | presumption that it is in the child's best interests to award | 14 | | equal time to each parent. In determining the child's best | 15 | | interests for purposes of allocating parenting time, the court | 16 | | shall consider all relevant factors, including, without | 17 | | limitation, the following: |
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| 1 | | (1) the wishes of each parent seeking parenting time; | 2 | | (2) the wishes of the child, taking into account the | 3 | | child's maturity and ability to express reasoned and | 4 | | independent preferences as to parenting time; | 5 | | (3) the amount of time each parent spent performing | 6 | | caretaking functions with respect to the child in the 24 | 7 | | months preceding the filing of any petition for allocation | 8 | | of parental responsibilities or, if the child is under 2 | 9 | | years of age, since the child's birth; | 10 | | (4) any prior agreement or course of conduct between | 11 | | the parents relating to caretaking functions with respect | 12 | | to the child; | 13 | | (5) the interaction and interrelationship of the child | 14 | | with his or her parents and siblings and with any other | 15 | | person who may significantly affect the child's best | 16 | | interests; | 17 | | (6) the child's adjustment to his or her home, school, | 18 | | and community; | 19 | | (7) the mental and physical health of all individuals | 20 | | involved; | 21 | | (8) the child's needs; | 22 | | (9) the distance between the parents' residences, the | 23 | | cost and difficulty of transporting the child, each | 24 | | parent's and the child's daily schedules, and the ability | 25 | | of the parents to cooperate in the arrangement; | 26 | | (10) whether a restriction on parenting time is |
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| 1 | | appropriate; | 2 | | (11) the physical violence or threat of physical | 3 | | violence by the child's parent directed against the child | 4 | | or other member of the child's household; | 5 | | (12) the willingness and ability of each parent to | 6 | | place the needs of the child ahead of his or her own needs; | 7 | | (13) the willingness and ability of each parent to | 8 | | facilitate and encourage a close and continuing | 9 | | relationship between the other parent and the child; | 10 | | (14) the occurrence of abuse against the child or other | 11 | | member of the child's household; | 12 | | (15) whether one of the parents is a convicted sex | 13 | | offender or lives with a convicted sex offender and, if so, | 14 | | the exact nature of the offense and what if any treatment | 15 | | the offender has successfully participated in; the parties | 16 | | are entitled to a hearing on the issues raised in this | 17 | | paragraph (15); | 18 | | (16) the terms of a parent's military family-care plan | 19 | | that a parent must complete before deployment if a parent | 20 | | is a member of the United States Armed Forces who is being | 21 | | deployed; and | 22 | | (17) any other factor that the court expressly finds to | 23 | | be relevant. | 24 | | If the court deviates from the presumption contained in | 25 | | this subsection, the court shall issue a written decision | 26 | | stating its specific findings of fact and conclusions of law in |
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| 1 | | support of the deviation from the presumption. | 2 | | (b) Restrictions Allocation of parenting time. Unless the | 3 | | parents present a mutually agreed written parenting plan and | 4 | | that plan is approved by the court, the court shall allocate | 5 | | parenting time . It is presumed both parents are fit and the | 6 | | court shall not place any restrictions on parenting time as | 7 | | defined in Section 600 and described in Section 603.10, unless | 8 | | it finds by a preponderance of the evidence that a parent's | 9 | | exercise of parenting time would seriously endanger the child's | 10 | | physical, mental, moral, or emotional health. If the court | 11 | | deviates from the presumption contained in this subsection, the | 12 | | court shall issue a written decision stating its specific | 13 | | findings of fact and conclusions of law in support of the | 14 | | deviation from the presumption | 15 | | In determining the child's best interests for purposes of | 16 | | allocating parenting time, the court shall consider all | 17 | | relevant factors, including, without limitation, the | 18 | | following: | 19 | | (1) the wishes of each parent seeking parenting time; | 20 | | (2) the wishes of the child, taking into account the | 21 | | child's maturity and ability to express reasoned and | 22 | | independent preferences as to parenting time; | 23 | | (3) the amount of time each parent spent performing | 24 | | caretaking functions with respect to the child in the 24 | 25 | | months preceding the filing of any petition for allocation | 26 | | of parental responsibilities or, if the child is under 2 |
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| 1 | | years of age, since the child's birth; | 2 | | (4) any prior agreement or course of conduct between | 3 | | the parents relating to caretaking functions with respect | 4 | | to the child; | 5 | | (5) the interaction and interrelationship of the child | 6 | | with his or her parents and siblings and with any other | 7 | | person who may significantly affect the child's best | 8 | | interests; | 9 | | (6) the child's adjustment to his or her home, school, | 10 | | and community; | 11 | | (7) the mental and physical health of all individuals | 12 | | involved; | 13 | | (8) the child's needs; | 14 | | (9) the distance between the parents' residences, the | 15 | | cost and difficulty of transporting the child, each | 16 | | parent's and the child's daily schedules, and the ability | 17 | | of the parents to cooperate in the arrangement; | 18 | | (10) whether a restriction on parenting time is | 19 | | appropriate; | 20 | | (11) the physical violence or threat of physical | 21 | | violence by the child's parent directed against the child | 22 | | or other member of the child's household; | 23 | | (12) the willingness and ability of each parent to | 24 | | place the needs of the child ahead of his or her own needs; | 25 | | (13) the willingness and ability of each parent to | 26 | | facilitate and encourage a close and continuing |
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| 1 | | relationship between the other parent and the child; | 2 | | (14) the occurrence of abuse against the child or other | 3 | | member of the child's household; | 4 | | (15) whether one of the parents is a convicted sex | 5 | | offender or lives with a convicted sex offender and, if so, | 6 | | the exact nature of the offense and what if any treatment | 7 | | the offender has successfully participated in; the parties | 8 | | are entitled to a hearing on the issues raised in this | 9 | | paragraph (15); | 10 | | (16) the terms of a parent's military family-care plan | 11 | | that a parent must complete before deployment if a parent | 12 | | is a member of the United States Armed Forces who is being | 13 | | deployed; and | 14 | | (17) any other factor that the court expressly finds to | 15 | | be relevant. | 16 | | (c) In allocating parenting time, the court shall not | 17 | | consider conduct of a parent that does not affect that parent's | 18 | | relationship to the child.
| 19 | | (d) Upon motion, the court may allow a parent who is | 20 | | deployed or who has orders to be deployed as a member of the | 21 | | United States Armed Forces to designate a person known to the | 22 | | child to exercise reasonable substitute visitation on behalf of | 23 | | the deployed parent, if the court determines that substitute | 24 | | visitation is in the best interests of the child. In | 25 | | determining whether substitute visitation is in the best | 26 | | interests of the child, the court shall consider all of the |
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| 1 | | relevant factors listed in subsection (b) of this Section and | 2 | | apply those factors to the person designated as a substitute | 3 | | for the deployed parent for visitation purposes. Visitation | 4 | | orders entered under this subsection are subject to subsections | 5 | | (e) and (f) of Section 602.9 and subsections (c) and (d) of | 6 | | Section 603.10. | 7 | | (e) If the street address of a parent is not identified | 8 | | pursuant to Section 708 of this Act, the court shall require | 9 | | the parties to identify reasonable alternative arrangements | 10 | | for parenting time by the other parent including, but not | 11 | | limited to, parenting time of the minor child at the residence | 12 | | of another person or at a local public or private facility.
| 13 | | (Source: P.A. 99-90, eff. 1-1-16 .)"; and | 14 | | on page 16, by replacing lines 19 and 20 with the following: | 15 | | "(a) After a hearing, if the court finds by a preponderance | 16 | | of the evidence that a parent"; and | 17 | | on page 18, lines 8 and 9, by changing " clear and convincing a | 18 | | preponderance of the " to "a preponderance of the".
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