Public Act 094-0643
 		





HB0712 Enrolled
LRB094 08083 LCB 38267 b






    AN ACT concerning civil law.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Marriage and Dissolution of 
Marriage Act is amended by changing Sections 602 and 610 and 
adding Section 609.5 as follows:
 



    (750 ILCS 5/602)  (from Ch. 40, par. 602)



    Sec. 602. Best Interest of Child. 

    (a) The court shall determine
custody in accordance with 
the best interest of the child. The court
shall consider all 
relevant factors including:


        (1) the wishes of the child's parent or parents as to 
    his custody;


        (2) the wishes of the child as to his custodian;


        (3) the interaction and interrelationship of the child 
    with his
parent or parents, his siblings and any other 
    person who may
significantly affect the child's best 
    interest;


        (4) the child's adjustment to his home, school and 
    community;


        (5) the mental and physical health of all individuals 
    involved;


        (6) the physical violence or threat of physical 
    violence by the child's
potential custodian, whether 
    directed against the child or directed against
another 
    person;


        (7) the occurrence of ongoing abuse as defined in 
    Section 103 of the
Illinois Domestic Violence Act of 1986, 
    whether directed against the child
or directed against 
    another person; and


        (8) the willingness and ability of each parent to 
    facilitate and
encourage a close and continuing 
    relationship between the other parent
and the child; and
.

        (9) whether one of the parents is a sex offender.

    In the case of a custody proceeding in which a stepparent 
has standing
under Section 601, it is presumed to be in the 
best interest of the minor child
that the natural parent have 
the custody of the minor child unless the
presumption is 
rebutted by the stepparent.

    (b) The court shall not consider conduct of a present or 
proposed
custodian that does not affect his relationship to the 
child.

    (c) Unless the court finds the occurrence of ongoing abuse 
as defined
in Section 103 of the Illinois Domestic Violence Act 
of 1986, the court
shall presume that the maximum involvement 
and cooperation
of both parents regarding the physical, mental, 
moral, and emotional
well-being of
their child is in the best 
interest of the child.  There shall be no
presumption in favor 
of or against joint custody.

(Source: P.A. 90-782, eff. 8-14-98.)

 
    (750 ILCS 5/609.5 new)

    Sec. 609.5. Notification of remarriage or residency with a 
sex offender. A parent who intends to marry or reside with a 
sex offender, and knows or should know that the person with 
whom he or she intends to marry or  reside is a sex offender, 
shall provide reasonable notice to the other parent with whom 
he or she has a minor child prior to the marriage or the 
commencement of the residency.
 



    (750 ILCS 5/610)  (from Ch. 40, par. 610)



    Sec. 610. Modification. 

    (a) Unless by stipulation of the parties or except as 
provided in subsection (a-5), no motion
to modify a custody 
judgment may be made earlier than 2 years after its
date, 
unless the court permits it to be made on the basis of 
affidavits
that there is reason to believe the child's present 
environment may endanger
seriously his physical, mental, moral 
or emotional health.

    (a-5) A motion to modify a custody judgment may be made at 
any time by a party who has been informed of the existence of 
facts requiring notice to be given under Section 609.5.

    (b) The court shall not modify a prior custody judgment 
unless it finds by
clear and convincing evidence, upon the 
basis of facts that have arisen since
the prior judgment or 
that were unknown to the court at the time of entry of
the 
prior judgment, that a change has occurred in the circumstances 
of the
child or his custodian, or in the case of a joint 
custody arrangement that a
change has occurred in the 
circumstances of the child or either or both parties
having 
custody, and that the modification is necessary to serve the 
best
interest of the child.  The existence of facts requiring 
notice to be given under Section 609.5 of this Act shall be 
considered a change in circumstance. In the case of joint 
custody, if the parties agree to a
termination of a joint 
custody arrangement, the court shall so terminate the
joint 
custody and make any modification which is in the child's best 
interest.
The court shall state in its decision specific 
findings of fact in support of
its modification or termination 
of joint custody if either parent opposes the
modification or 
termination.

    (c) Attorney fees and costs shall be assessed against a 
party seeking
modification if the court finds that the 
modification action is vexatious
and constitutes harassment.

    (d) Notice under this Section shall be given as provided in

subsections (c) and (d) of Section 601.

(Source: P.A. 87-1255.)






Effective Date:  1/1/2006