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90_HB3719ham001
LRB9011566DJcdam
1 AMENDMENT TO HOUSE BILL 3719
2 AMENDMENT NO. . Amend House Bill 3719 as follows:
3 on page 1, lines 2 and 6, after "601" each time it appears,
4 by inserting ", 602,"; and
5 on page 3, below line 15, by inserting the following:
6 "(750 ILCS 5/602) (from Ch. 40, par. 602)
7 Sec. 602. Best Interest of Child.
8 (a) The court shall determine custody in accordance with
9 the best interest of the child. The court shall consider all
10 relevant factors including:
11 (1) the wishes of the child's parent or parents as
12 to his custody;
13 (2) the wishes of the child as to his custodian;
14 (3) the interaction and interrelationship of the
15 child with his parent or parents, his siblings and any
16 other person who may significantly affect the child's
17 best interest;
18 (4) the child's adjustment to his home, school and
19 community;
20 (5) the mental and physical health of all
21 individuals involved;
22 (6) the physical violence or threat of physical
-2- LRB9011566DJcdam
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 abuse as defined in
5 Section 103 of the Illinois Domestic Violence Act of
6 1986, whether directed against the child or directed
7 against another person; and
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 In the case of a custody proceeding in which a stepparent
12 has standing under Section 601, it is presumed to be in the
13 best interest of the minor child that the natural parent have
14 the custody of the minor child unless the presumption is
15 rebutted by the stepparent.
16 (b) The court shall not consider conduct of a present or
17 proposed custodian that does not affect his relationship to
18 the child.
19 (c) Unless the court finds the occurrence of ongoing
20 abuse as defined in Section 103 of the Illinois Domestic
21 Violence Act of 1986, the court shall presume that the
22 maximum involvement and cooperation of both parents regarding
23 the physical, mental, moral, and emotional well-being of
24 their child is in the best interest of the child. There
25 shall be no presumption in favor of or against joint custody.
26 (Source: P.A. 87-1186; 88-409.)"; and
27 on page 7, below line 20, by inserting the following:
28 "Section 99. Effective date. This Act takes effect upon
29 becoming law.".