Bill Text: IL HB2283 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that in considering the best interest of a child, the court shall not consider the military deployment of a present or proposed custodian. Provides that with respect to the modification of any custody order that the court shall not permanently modify a prior custody judgment during the deployment of active-duty military member, defined as a person currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0676 [HB2283 Detail]
Download: Illinois-2009-HB2283-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Marriage and Dissolution of | ||||||
5 | Marriage Act is amended by changing Sections 602 and 610 as | ||||||
6 | follows:
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7 | (750 ILCS 5/602) (from Ch. 40, par. 602)
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8 | Sec. 602. Best Interest of Child.
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9 | (a) The court shall determine
custody in accordance with | ||||||
10 | the best interest of the child. The court
shall consider all | ||||||
11 | relevant factors including:
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12 | (1) the wishes of the child's parent or parents as to | ||||||
13 | his custody;
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14 | (2) the wishes of the child as to his custodian;
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15 | (3) the interaction and interrelationship of the child | ||||||
16 | with his
parent or parents, his siblings and any other | ||||||
17 | person who may
significantly affect the child's best | ||||||
18 | interest;
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19 | (4) the child's adjustment to his home, school and | ||||||
20 | community;
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21 | (5) the mental and physical health of all individuals | ||||||
22 | involved;
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23 | (6) the physical violence or threat of physical |
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1 | violence by the child's
potential custodian, whether | ||||||
2 | directed against the child or directed against
another | ||||||
3 | person;
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4 | (7) the occurrence of ongoing or repeated abuse as | ||||||
5 | defined in Section 103 of the
Illinois Domestic Violence | ||||||
6 | Act of 1986, whether directed against the child
or directed | ||||||
7 | against another person;
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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; and
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11 | (9) whether one of the parents is a sex offender ; and .
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12 | (10) the terms of a parent's military family-care plan | ||||||
13 | that a parent must complete before deployment if a parent | ||||||
14 | is a member of the United States Armed Forces who is being | ||||||
15 | deployed. | ||||||
16 | In the case of a custody proceeding in which a stepparent | ||||||
17 | has standing
under Section 601, it is presumed to be in the | ||||||
18 | best interest of the minor child
that the natural parent have | ||||||
19 | the custody of the minor child unless the
presumption is | ||||||
20 | rebutted by the stepparent.
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21 | (b) The court shall not consider conduct of a present or | ||||||
22 | proposed
custodian that does not affect his relationship to the | ||||||
23 | child.
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24 | (c) Unless the court finds the occurrence of ongoing abuse | ||||||
25 | as defined
in Section 103 of the Illinois Domestic Violence Act | ||||||
26 | of 1986, the court
shall presume that the maximum involvement |
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1 | and cooperation
of both parents regarding the physical, mental, | ||||||
2 | moral, and emotional
well-being of
their child is in the best | ||||||
3 | interest of the child. There shall be no
presumption in favor | ||||||
4 | of or against joint custody.
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5 | (Source: P.A. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06; | ||||||
6 | 95-331, eff. 8-21-07.)
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7 | (750 ILCS 5/610) (from Ch. 40, par. 610)
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8 | Sec. 610. Modification.
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9 | (a) Unless by stipulation of the parties or except as | ||||||
10 | provided in subsection (a-5), no motion
to modify a custody | ||||||
11 | judgment may be made earlier than 2 years after its
date, | ||||||
12 | unless the court permits it to be made on the basis of | ||||||
13 | affidavits
that there is reason to believe the child's present | ||||||
14 | environment may endanger
seriously his physical, mental, moral | ||||||
15 | or emotional health.
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16 | (a-5) A motion to modify a custody judgment may be made at | ||||||
17 | any time by a party who has been informed of the existence of | ||||||
18 | facts requiring notice to be given under Section 609.5.
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19 | (b) The court shall not modify a prior custody judgment | ||||||
20 | unless it finds by
clear and convincing evidence, upon the | ||||||
21 | basis of facts that have arisen since
the prior judgment or | ||||||
22 | that were unknown to the court at the time of entry of
the | ||||||
23 | prior judgment, that a change has occurred in the circumstances | ||||||
24 | of the
child or his custodian, or in the case of a joint | ||||||
25 | custody arrangement that a
change has occurred in the |
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1 | circumstances of the child or either or both parties
having | ||||||
2 | custody, and that the modification is necessary to serve the | ||||||
3 | best
interest of the child. The existence of facts requiring | ||||||
4 | notice to be given under Section 609.5 of this Act shall be | ||||||
5 | considered a change in circumstance. In the case of joint | ||||||
6 | custody, if the parties agree to a
termination of a joint | ||||||
7 | custody arrangement, the court shall so terminate the
joint | ||||||
8 | custody and make any modification which is in the child's best | ||||||
9 | interest.
The court shall state in its decision specific | ||||||
10 | findings of fact in support of
its modification or termination | ||||||
11 | of joint custody if either parent opposes the
modification or | ||||||
12 | termination.
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13 | (c) Attorney fees and costs shall be assessed against a | ||||||
14 | party seeking
modification if the court finds that the | ||||||
15 | modification action is vexatious
and constitutes harassment.
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16 | (d) Notice under this Section shall be given as provided in
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17 | subsections (c) and (d) of Section 601.
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18 | (e) A party's absence, relocation, or failure to comply | ||||||
19 | with the court's orders on custody, visitation, or parenting | ||||||
20 | time may not, by itself, be sufficient to justify a | ||||||
21 | modification of a prior order if the reason for the absence, | ||||||
22 | relocation, or failure to comply is the party's deployment as a | ||||||
23 | member of the United States Armed Forces. | ||||||
24 | (Source: P.A. 94-643, eff. 1-1-06.)
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