Bill Text: IL HB2992 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if the court finds that it is in the best interest of the child and awards joint custody or visitation rights, the court shall find that both parties have the right of first refusal to care for the minor children if the absence of either party is necessary during the party's normal parenting time. Provides that the use of baby-sitters, family members, or subsequent spouses is secondary to the right of first refusal. Provides that "right of first refusal" means that in the event that either parent intends to leave the minor children for a period of 4 hours or longer, that parent shall first offer the other parent an opportunity for additional time with the children before making other arrangements for the temporary care of the children. Contains provisions concerning the setting of parameters regarding distance, transportation, and time constraints which may make the offering of additional parenting time impractical and therefore not required. Provides that the parent leaving the children with the other parent or with a temporary child care provider shall notify the other parent of the duration of the parenting time or temporary care of the children by other persons. Contains procedural requirements regarding the offering and acceptance of additional parenting time. Provides that the parent exercising additional parenting time shall provide the necessary transportation unless the parties agree otherwise. Provides that the new provisions are enforceable under the Section of the Act concerning visitation abuse. Provides that the right of first refusal shall be terminated upon the termination of custody or visitation rights.

Spectrum: Slight Partisan Bill (Democrat 20-11)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0462 [HB2992 Detail]

Download: Illinois-2013-HB2992-Chaptered.html

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Public Act 098-0462
HB2992 Enrolled LRB098 07270 HEP 41552 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 adding Section 602.3 as follows:
(750 ILCS 5/602.3 new)
Sec. 602.3. Care of minor children; right of first refusal.
(a) If the court awards joint custody under Section 602.1
or visitation rights under Section 607, the court may consider,
consistent with the best interest of the child as defined in
Section 602, whether to award to one or both of the parties the
right of first refusal to provide child care for the minor
child or children during the other parent's normal parenting
time, unless the need for child care is attributable to an
emergency.
(b) As used in this Section, "right of first refusal" means
that if a party intends to leave the minor child or children
with a substitute child-care provider for a significant period
of time, that party must first offer the other party an
opportunity to personally care for the minor child or children.
The parties may agree to a right of first refusal that is
consistent with the best interest of the minor child or
children. If there is no agreement and the court determines

that a right of first refusal is in the best interest of the
minor child or children, the court shall consider and make
provisions in its order for:
(1) the length and kind of child-care requirements
invoking the right of first refusal;
(2) notification to the other parent and for his or her
response;
(3) transportation requirements; and
(4) any other action necessary to protect and promote
the best interest of the minor child or children.
(c) The right of first refusal may be enforced under
Section 607.1 of this Act.
(d) The right of first refusal is terminated upon the
termination of custody or visitation rights.