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_002.html

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Rep. La Shawn K. Ford

Filed: 4/9/2018

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AMENDMENT TO HOUSE BILL 4113
AMENDMENT NO. ______. Amend House Bill 4113 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
interests for purposes of allocating parenting time, the court
shall consider all relevant factors, including, without
limitation, the following:

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(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
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

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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.
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

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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's
exercise of parenting time would seriously endanger the child's
physical, mental, moral, or emotional health. 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
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;
(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

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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;
(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

10000HB4113ham002 - 6 - LRB100 14598 HEP 38212 a
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
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

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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 19 and 20 with the following:
"(a) After a hearing, if the court finds by a preponderance
of the evidence that a parent"; and
on page 18, lines 8 and 9, by changing "clear and convincing a
preponderance of the" to "a preponderance of the".