Full Text of SB2197 097th General Assembly
SB2197 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB2197 Introduced 2/10/2011, by Sen. Mattie Hunter SYNOPSIS AS INTRODUCED: |
|
750 ILCS 5/602 | from Ch. 40, par. 602 |
750 ILCS 5/603 | from Ch. 40, par. 603 |
|
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that it is presumed that each parent is fit and that a fit parent acts in the best interest of his or her child, unless either presumption is rebutted. It is presumed that, absent a written parental agreement on residential time-sharing arrangements for a child, it is in the best interest of the child to reside with each parent for an equal period of time. Provides that in a proceeding for a temporary child custody order or a parenting time order, there shall be a rebuttable presumption that it is in the best interest of the child to order joint custody and to allocate parenting time to each parent for an equal period of time, absent a written parental agreement to the contrary. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB2197 | | LRB097 10211 AJO 50407 b |
|
| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Sections 602 and 603 as | 6 | | follows:
| 7 | | (750 ILCS 5/602) (from Ch. 40, par. 602)
| 8 | | Sec. 602. Best Interest of Child.
| 9 | | (a) The court shall determine
custody in accordance with | 10 | | the best interest of the child. The court
shall consider all | 11 | | relevant factors including:
| 12 | | (1) the wishes of the child's parent or parents as to | 13 | | his custody;
| 14 | | (2) the wishes of the child as to his custodian;
| 15 | | (3) the interaction and interrelationship of the child | 16 | | with his
parent or parents, his siblings and any other | 17 | | person who may
significantly affect the child's best | 18 | | interest;
| 19 | | (4) the child's adjustment to his home, school and | 20 | | community;
| 21 | | (5) the mental and physical health of all individuals | 22 | | involved;
| 23 | | (6) the physical violence or threat of physical |
| | | SB2197 | - 2 - | LRB097 10211 AJO 50407 b |
|
| 1 | | violence by the child's
potential custodian, whether | 2 | | directed against the child or directed against
another | 3 | | person;
| 4 | | (7) the occurrence of ongoing or repeated abuse as | 5 | | defined in Section 103 of the
Illinois Domestic Violence | 6 | | Act of 1986, whether directed against the child
or directed | 7 | | against another person;
| 8 | | (8) the willingness and ability of each parent to | 9 | | facilitate and
encourage a close and continuing | 10 | | relationship between the other parent
and the child;
| 11 | | (9) whether one of the parents is a sex offender; and
| 12 | | (10) the terms of a parent's military family-care plan | 13 | | that a parent must complete before deployment if a parent | 14 | | is a member of the United States Armed Forces who is being | 15 | | deployed. | 16 | | In the case of a custody proceeding in which a stepparent | 17 | | has standing
under Section 601, it is presumed to be in the | 18 | | best interest of the minor child
that the natural parent have | 19 | | the custody of the minor child unless the
presumption is | 20 | | rebutted by the stepparent.
| 21 | | (a-2) It is presumed that each parent is fit and that a fit | 22 | | parent acts in the best interest of his or her child, unless | 23 | | either presumption is rebutted. | 24 | | (a-3) It is presumed that, absent a written parental | 25 | | agreement on residential time-sharing arrangements for a | 26 | | child, it is in the best interest of the child to reside with |
| | | SB2197 | - 3 - | LRB097 10211 AJO 50407 b |
|
| 1 | | each parent for an equal period of time. | 2 | | (b) The court shall not consider conduct of a present or | 3 | | proposed
custodian that does not affect his relationship to the | 4 | | child.
| 5 | | (c) Unless the court finds the occurrence of ongoing abuse | 6 | | as defined
in Section 103 of the Illinois Domestic Violence Act | 7 | | of 1986, the court
shall presume that the maximum involvement | 8 | | and cooperation
of both parents regarding the physical, mental, | 9 | | moral, and emotional
well-being of
their child is in the best | 10 | | interest of the child. There shall be no
presumption in favor | 11 | | of or against joint custody.
| 12 | | (Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.)
| 13 | | (750 ILCS 5/603) (from Ch. 40, par. 603)
| 14 | | Sec. 603. Temporary Orders.
| 15 | | (a) A party to a custody proceeding, including a proceeding | 16 | | to modify
custody, may move for a temporary custody order. The | 17 | | court may award temporary
custody under the standards of | 18 | | Section 602 and the standards and procedures of
Section 602.1, | 19 | | after a hearing, or, if there is no objection, solely on the
| 20 | | basis of the affidavits.
| 21 | | (b) If a proceeding for dissolution of marriage or legal | 22 | | separation or
declaration of invalidity of marriage is | 23 | | dismissed, any temporary custody
order is vacated unless a | 24 | | parent or the child's custodian moves that the
proceeding | 25 | | continue as a custody proceeding and the court finds, after a
|
| | | SB2197 | - 4 - | LRB097 10211 AJO 50407 b |
|
| 1 | | hearing, that the circumstances of the parents and the best | 2 | | interest of the
child requires that a custody judgment be | 3 | | issued.
| 4 | | (c) If a custody proceeding commenced in the absence of a | 5 | | petition for
dissolution of marriage or legal separation, under | 6 | | either subparagraph (ii) of
paragraph (1), or paragraph (2), of | 7 | | subsection (d) of Section 601, is
dismissed, any temporary | 8 | | custody order is vacated.
| 9 | | (d) In a proceeding for a temporary child custody order or | 10 | | a parenting time order, there shall be a rebuttable presumption | 11 | | that it is the best interest of the child for there to be joint | 12 | | custody and an allocation of parenting time to each parent for | 13 | | an equal period of time, absent a written parental agreement to | 14 | | the contrary. | 15 | | (Source: P.A. 86-530; 87-1255.)
| 16 | | Section 99. Effective date. This Act takes effect upon | 17 | | becoming law.
|
|