Bill Amendment: IL HB4113 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: IMDMA-EQUAL PARENTING TIME

Status: 2019-01-08 - Session Sine Die [HB4113 Detail]

Download: Illinois-2017-HB4113-House_Amendment_001.html

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Rep. La Shawn K. Ford

Filed: 4/5/2018

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AMENDMENT TO HOUSE BILL 4113
AMENDMENT NO. ______. Amend House Bill 4113 on page 1, by
replacing line 6 with "602.10, 603.10, and 610.5 as follows:";
and
by replacing line 18 on page 7 through line 11 on page 11 with
the following:
"(750 ILCS 5/602.7)
Sec. 602.7. Allocation of parental responsibilities:
parenting time.
(a) Allocation of parenting time. Best interests. The court
shall allocate parenting time according to the child's best
interests. Unless the parents present a mutually agreed written
parenting plan and that plan is approved by the court, the
court shall allocate parenting time. There is a rebuttable
presumption that it is in the child's best interests to award
equal time to each parent. In determining the child's best

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interests for purposes of allocating parenting time, the court
shall consider all relevant factors, including, without
limitation, the following:
(1) the wishes of each parent seeking parenting time;
(2) the wishes of the child, taking into account the
child's maturity and ability to express reasoned and
independent preferences as to parenting time;
(3) the amount of time each parent spent performing
caretaking functions with respect to the child in the 24
months preceding the filing of any petition for allocation
of parental responsibilities or, if the child is under 2
years of age, since the child's birth;
(4) any prior agreement or course of conduct between
the parents relating to caretaking functions with respect
to the child;
(5) the interaction and interrelationship of the child
with his or her parents and siblings and with any other
person who may significantly affect the child's best
interests;
(6) the child's adjustment to his or her home, school,
and community;
(7) the mental and physical health of all individuals
involved;
(8) the child's needs;
(9) the distance between the parents' residences, the
cost and difficulty of transporting the child, each

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parent's and the child's daily schedules, and the ability
of the parents to cooperate in the arrangement;
(10) whether a restriction on parenting time is
appropriate;
(11) the physical violence or threat of physical
violence by the child's parent directed against the child
or other member of the child's household;
(12) the willingness and ability of each parent to
place the needs of the child ahead of his or her own needs;
(13) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child;
(14) the occurrence of abuse against the child or other
member of the child's household;
(15) whether one of the parents is a convicted sex
offender or lives with a convicted sex offender and, if so,
the exact nature of the offense and what if any treatment
the offender has successfully participated in; the parties
are entitled to a hearing on the issues raised in this
paragraph (15);
(16) the terms of a parent's military family-care plan
that a parent must complete before deployment if a parent
is a member of the United States Armed Forces who is being
deployed; and
(17) any other factor that the court expressly finds to
be relevant.

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If the court deviates from the presumption contained in
this subsection, the court shall issue a written decision
stating its specific findings of fact and conclusions of law in
support of the deviation from the presumption.
(b) Restrictions Allocation of parenting time. Unless the
parents present a mutually agreed written parenting plan and
that plan is approved by the court, the court shall allocate
parenting time. It is presumed both parents are fit and the
court shall not place any restrictions on parenting time as
defined in Section 600 and described in Section 603.10, unless
it finds by a preponderance of the evidence that a parent is an
unfit person under Section 1 of the Adoption Act. If the court
deviates from the presumption contained in this subsection, the
court shall issue a written decision stating its specific
findings of fact and conclusions of law in support of the
deviation from the presumption parent's exercise of parenting
time would seriously endanger the child's physical, mental,
moral, or emotional health.
In determining the child's best interests for purposes of
allocating parenting time, the court shall consider all
relevant factors, including, without limitation, the
following:
(1) the wishes of each parent seeking parenting time;
(2) the wishes of the child, taking into account the
child's maturity and ability to express reasoned and
independent preferences as to parenting time;

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(3) the amount of time each parent spent performing
caretaking functions with respect to the child in the 24
months preceding the filing of any petition for allocation
of parental responsibilities or, if the child is under 2
years of age, since the child's birth;
(4) any prior agreement or course of conduct between
the parents relating to caretaking functions with respect
to the child;
(5) the interaction and interrelationship of the child
with his or her parents and siblings and with any other
person who may significantly affect the child's best
interests;
(6) the child's adjustment to his or her home, school,
and community;
(7) the mental and physical health of all individuals
involved;
(8) the child's needs;
(9) the distance between the parents' residences, the
cost and difficulty of transporting the child, each
parent's and the child's daily schedules, and the ability
of the parents to cooperate in the arrangement;
(10) whether a restriction on parenting time is
appropriate;
(11) the physical violence or threat of physical
violence by the child's parent directed against the child
or other member of the child's household;

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(12) the willingness and ability of each parent to
place the needs of the child ahead of his or her own needs;
(13) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child;
(14) the occurrence of abuse against the child or other
member of the child's household;
(15) whether one of the parents is a convicted sex
offender or lives with a convicted sex offender and, if so,
the exact nature of the offense and what if any treatment
the offender has successfully participated in; the parties
are entitled to a hearing on the issues raised in this
paragraph (15);
(16) the terms of a parent's military family-care plan
that a parent must complete before deployment if a parent
is a member of the United States Armed Forces who is being
deployed; and
(17) any other factor that the court expressly finds to
be relevant.
(c) In allocating parenting time, the court shall not
consider conduct of a parent that does not affect that parent's
relationship to the child.
(d) Upon motion, the court may allow a parent who is
deployed or who has orders to be deployed as a member of the
United States Armed Forces to designate a person known to the
child to exercise reasonable substitute visitation on behalf of

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the deployed parent, if the court determines that substitute
visitation is in the best interests of the child. In
determining whether substitute visitation is in the best
interests of the child, the court shall consider all of the
relevant factors listed in subsection (b) of this Section and
apply those factors to the person designated as a substitute
for the deployed parent for visitation purposes. Visitation
orders entered under this subsection are subject to subsections
(e) and (f) of Section 602.9 and subsections (c) and (d) of
Section 603.10.
(e) If the street address of a parent is not identified
pursuant to Section 708 of this Act, the court shall require
the parties to identify reasonable alternative arrangements
for parenting time by the other parent including, but not
limited to, parenting time of the minor child at the residence
of another person or at a local public or private facility.
(Source: P.A. 99-90, eff. 1-1-16.)"; and
on page 16, by replacing lines 21 through 23 with the
following:
"is an unfit person, as defined in Section 1 of the Adoption
Act engaged in any conduct that seriously endangered the
child's mental, moral, or physical health or that significantly
impaired the child's emotional development, the court shall";
and

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on page 20, by inserting immediately below line 19 the
following:
"(750 ILCS 5/610.5)
Sec. 610.5. Modification.
(a) Unless by stipulation of the parties or except as
provided in Section 603.10 of this Act, no motion to modify an
order allocating parental decision-making responsibilities,
not including parenting time, 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 or her mental,
moral, or physical health or significantly impair the child's
emotional development. Parenting time may be modified at any
time, without a showing of serious endangerment, upon a showing
of changed circumstances that necessitates modification to
serve the best interests of the child.
(b) (Blank).
(c) Except in a case concerning the modification of any
restriction of parental responsibilities under Section 603.10,
the court shall modify a parenting plan or allocation judgment
when necessary to serve the child's best interests if the court
finds, by a preponderance of the evidence, that on the basis of
facts that have arisen since the entry of the existing
parenting plan or allocation judgment or were not anticipated
therein, a substantial change has occurred in the circumstances

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of the child or of either parent and that a modification is
necessary to serve the child's best interests.
(d) The court shall modify a parenting plan or allocation
judgment in accordance with a parental agreement, unless it
finds that the modification is not in the child's best
interests.
(e) The court may modify a parenting plan or allocation
judgment without a showing of changed circumstances if (i) the
modification is in the child's best interests; and (ii) any of
the following are proven as to the modification:
(1) the modification reflects the actual arrangement
under which the child has been receiving care, without
parental objection, for the 6 months preceding the filing
of the petition for modification, provided that the
arrangement is not the result of a parent's acquiescence
resulting from circumstances that negated the parent's
ability to give meaningful consent;
(2) the modification constitutes a minor modification
in the parenting plan or allocation judgment;
(3) the modification is necessary to modify an agreed
parenting plan or allocation judgment that the court would
not have ordered or approved under Section 602.5 or 602.7
had the court been aware of the circumstances at the time
of the order or approval; or
(4) the parties agree to the modification.
(f) Attorney's fees and costs shall be assessed against a

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party seeking modification if the court finds that the
modification action is vexatious or constitutes harassment. If
the court finds that a parent has repeatedly filed frivolous
motions for modification, the court may bar the parent from
filing a motion for modification for a period of time.
(g) If a parenting plan or judgment of dissolution of
marriage allocates parental responsibilities in a way that
deviates from the presumptions in this Act, a parent may
petition to modify the parenting plan without showing a
substantial change in circumstances within 730 days after the
effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)".