Bill Text: IL HB1589 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that any temporary order that modifies custody, in whole or in part, because of a party's deployment as a member of the United States Armed Forces must also provide that after a specified time following the end of the deployment, the custody order in effect prior to the deployment must be reinstated, unless the other party, who bears the burden of proof, shows that it is not in the best interest of the child to reinstate the order. Provides that if the party who was not deployed contests reinstatement of the prior order, that party bears the burden of proof to show that it should not be reinstated. Provides that in a custody hearing in which a parent is a member of the United States Armed Forces who is deployed or who has orders to be deployed: the proceedings shall, upon the service member's request, receive expedited priority in being set for hearing; the service member shall be permitted to testify by telephone or other electronic means when the service member is unavailable to appear due to the deployment; and, upon motion, the court may allow the deployed parent to designate another person to exercise the visitation that the deployed parent has under the existing order, if the court determines that it is in the child's best interest. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-01-13 - Public Act . . . . . . . . . 97-0659 [HB1589 Detail]
Download: Illinois-2011-HB1589-Amended.html
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that any temporary order that modifies custody, in whole or in part, because of a party's deployment as a member of the United States Armed Forces must also provide that after a specified time following the end of the deployment, the custody order in effect prior to the deployment must be reinstated, unless the other party, who bears the burden of proof, shows that it is not in the best interest of the child to reinstate the order. Provides that if the party who was not deployed contests reinstatement of the prior order, that party bears the burden of proof to show that it should not be reinstated. Provides that in a custody hearing in which a parent is a member of the United States Armed Forces who is deployed or who has orders to be deployed: the proceedings shall, upon the service member's request, receive expedited priority in being set for hearing; the service member shall be permitted to testify by telephone or other electronic means when the service member is unavailable to appear due to the deployment; and, upon motion, the court may allow the deployed parent to designate another person to exercise the visitation that the deployed parent has under the existing order, if the court determines that it is in the child's best interest. Makes other changes.
Spectrum: Bipartisan Bill
Status: (Passed) 2012-01-13 - Public Act . . . . . . . . . 97-0659 [HB1589 Detail]
Download: Illinois-2011-HB1589-Amended.html
| |||||||
| |||||||
| |||||||
| 1 | AMENDMENT TO HOUSE BILL 1589
| ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 1589 on page 14, | ||||||
| 3 | line 15, after "child." by inserting "In determining whether | ||||||
| 4 | substitute visitation is in the best interest of the child, the | ||||||
| 5 | court shall consider all of the relevant factors listed in | ||||||
| 6 | subsection (a) of Section 602 and apply those factors to the | ||||||
| 7 | person designated as a substitute for the deployed parent for | ||||||
| 8 | visitation purposes."; and
| ||||||
| 9 | on page 16, line 17, by replacing "(2)" with the following: | ||||||
| 10 | "(2) if appropriate, visitation by electronic | ||||||
| 11 | communication; and | ||||||
| 12 | (3)".
| ||||||
