Bill Text: IL HB5509 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. Provides that if, within the first year after a child is born, parentage is established under the Illinois Parentage Act of 2015, then a court shall award equal decision-making and parenting time unless a court finds that such an award would seriously endanger the child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5509 Detail]
Download: Illinois-2017-HB5509-Introduced.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 602.5 and 602.7 as | |||||||||||||||||||||
6 | follows:
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7 | (750 ILCS 5/602.5) | |||||||||||||||||||||
8 | Sec. 602.5. Allocation of parental responsibilities: | |||||||||||||||||||||
9 | decision-making. | |||||||||||||||||||||
10 | (a) Generally. The court shall allocate decision-making | |||||||||||||||||||||
11 | responsibilities according to the child's best interests. | |||||||||||||||||||||
12 | Nothing in this Act requires that each parent be allocated | |||||||||||||||||||||
13 | decision-making responsibilities. | |||||||||||||||||||||
14 | (b) Allocation of significant decision-making | |||||||||||||||||||||
15 | responsibilities. Unless the parents otherwise agree in | |||||||||||||||||||||
16 | writing on an allocation of significant decision-making | |||||||||||||||||||||
17 | responsibilities, or the issue of the allocation of parental | |||||||||||||||||||||
18 | responsibilities has been reserved under Section 401, the court | |||||||||||||||||||||
19 | shall make the determination. The court shall allocate to one | |||||||||||||||||||||
20 | or both of the parents the significant decision-making | |||||||||||||||||||||
21 | responsibility for each significant issue affecting the child. | |||||||||||||||||||||
22 | Those significant issues shall include, without limitation, | |||||||||||||||||||||
23 | the following: |
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1 | (1) Education, including the choice of schools and | ||||||
2 | tutors. | ||||||
3 | (2) Health, including all decisions relating to the | ||||||
4 | medical, dental, and psychological needs of the child and | ||||||
5 | to the treatments arising or resulting from those needs. | ||||||
6 | (3) Religion, subject to the following provisions: | ||||||
7 | (A) The court shall allocate decision-making | ||||||
8 | responsibility for the child's religious upbringing in | ||||||
9 | accordance with any express or implied agreement | ||||||
10 | between the parents. | ||||||
11 | (B) The court shall consider evidence of the | ||||||
12 | parents' past conduct as to the child's religious | ||||||
13 | upbringing in allocating decision-making | ||||||
14 | responsibilities consistent with demonstrated past | ||||||
15 | conduct in the absence of an express or implied | ||||||
16 | agreement between the parents. | ||||||
17 | (C) The court shall not allocate any aspect of the | ||||||
18 | child's religious upbringing if it determines that the | ||||||
19 | parents do not or did not have an express or implied | ||||||
20 | agreement for such religious upbringing or that there | ||||||
21 | is insufficient evidence to demonstrate a course of | ||||||
22 | conduct regarding the child's religious upbringing | ||||||
23 | that could serve as a basis for any such order. | ||||||
24 | (4) Extracurricular activities. | ||||||
25 | (c) Determination of child's best interests. In | ||||||
26 | determining the child's best interests for purposes of |
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1 | allocating significant decision-making responsibilities, the | ||||||
2 | court shall consider all relevant factors, including, without | ||||||
3 | limitation, the following: | ||||||
4 | (1) the wishes of the child, taking into account the | ||||||
5 | child's maturity and ability to express reasoned and | ||||||
6 | independent preferences as to decision-making; | ||||||
7 | (2) the child's adjustment to his or her home, school, | ||||||
8 | and community; | ||||||
9 | (3) the mental and physical health of all individuals | ||||||
10 | involved; | ||||||
11 | (4) the ability of the parents to cooperate to make | ||||||
12 | decisions, or the level of conflict between the parties | ||||||
13 | that may affect their ability to share decision-making; | ||||||
14 | (5) the level of each parent's participation in past | ||||||
15 | significant decision-making with respect to the child; | ||||||
16 | (6) any prior agreement or course of conduct between | ||||||
17 | the parents relating to decision-making with respect to the | ||||||
18 | child;
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19 | (7) the wishes of the parents; | ||||||
20 | (8) the child's needs; | ||||||
21 | (9) the distance between the parents' residences, the | ||||||
22 | cost and difficulty of transporting the child, each | ||||||
23 | parent's and the child's daily schedules, and the ability | ||||||
24 | of the parents to cooperate in the arrangement; | ||||||
25 | (10) whether a restriction on decision-making is | ||||||
26 | appropriate under Section 603.10;
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1 | (11) the willingness and ability of each parent to | ||||||
2 | facilitate and encourage a close and continuing | ||||||
3 | relationship between the other parent and the child; | ||||||
4 | (12) the physical violence or threat of physical | ||||||
5 | violence by the child's parent directed against the child; | ||||||
6 | (13) the occurrence of abuse against the child or other | ||||||
7 | member of the child's household; | ||||||
8 | (14) whether one of the parents is a sex offender, and | ||||||
9 | if so, the exact nature of the offense and what, if any, | ||||||
10 | treatment in which the parent has successfully | ||||||
11 | participated; and
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12 | (15) any other factor that the court expressly finds to | ||||||
13 | be relevant.
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14 | (d) A parent shall have sole responsibility for making | ||||||
15 | routine decisions with respect to the child and for emergency | ||||||
16 | decisions affecting the child's health and safety during that | ||||||
17 | parent's parenting time. | ||||||
18 | (e) In allocating significant decision-making | ||||||
19 | responsibilities, the court shall not consider conduct of a | ||||||
20 | parent that does not affect that parent's relationship to the | ||||||
21 | child.
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22 | (Source: P.A. 99-90, eff. 1-1-16 .)
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23 | (750 ILCS 5/602.7)
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24 | Sec. 602.7. Allocation of parental responsibilities: | ||||||
25 | parenting time. |
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1 | (a) Best interests. The court shall allocate parenting time | ||||||
2 | according to the child's best interests.
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3 | (b) Allocation of parenting time. Unless the parents | ||||||
4 | present a mutually agreed written parenting plan and that plan | ||||||
5 | is approved by the court, the court shall allocate parenting | ||||||
6 | time. It is presumed both parents are fit and the court shall | ||||||
7 | not place any restrictions on parenting time as defined in | ||||||
8 | Section 600 and described in Section 603.10, unless it finds by | ||||||
9 | a preponderance of the evidence that a parent's exercise of | ||||||
10 | parenting time would seriously endanger the child's physical, | ||||||
11 | mental, moral, or emotional health. | ||||||
12 | In determining the child's best interests for purposes of | ||||||
13 | allocating parenting time, the court shall consider all | ||||||
14 | relevant factors, including, without limitation, the | ||||||
15 | following: | ||||||
16 | (1) the wishes of each parent seeking parenting time; | ||||||
17 | (2) the wishes of the child, taking into account the | ||||||
18 | child's maturity and ability to express reasoned and | ||||||
19 | independent preferences as to parenting time; | ||||||
20 | (3) the amount of time each parent spent performing | ||||||
21 | caretaking functions with respect to the child in the 24 | ||||||
22 | months preceding the filing of any petition for allocation | ||||||
23 | of parental responsibilities or, if the child is under 2 | ||||||
24 | years of age, since the child's birth; | ||||||
25 | (4) any prior agreement or course of conduct between | ||||||
26 | the parents relating to caretaking functions with respect |
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1 | to the child; | ||||||
2 | (5) the interaction and interrelationship of the child | ||||||
3 | with his or her parents and siblings and with any other | ||||||
4 | person who may significantly affect the child's best | ||||||
5 | interests; | ||||||
6 | (6) the child's adjustment to his or her home, school, | ||||||
7 | and community; | ||||||
8 | (7) the mental and physical health of all individuals | ||||||
9 | involved; | ||||||
10 | (8) the child's needs; | ||||||
11 | (9) the distance between the parents' residences, the | ||||||
12 | cost and difficulty of transporting the child, each | ||||||
13 | parent's and the child's daily schedules, and the ability | ||||||
14 | of the parents to cooperate in the arrangement; | ||||||
15 | (10) whether a restriction on parenting time is | ||||||
16 | appropriate; | ||||||
17 | (11) the physical violence or threat of physical | ||||||
18 | violence by the child's parent directed against the child | ||||||
19 | or other member of the child's household; | ||||||
20 | (12) the willingness and ability of each parent to | ||||||
21 | place the needs of the child ahead of his or her own needs; | ||||||
22 | (13) the willingness and ability of each parent to | ||||||
23 | facilitate and encourage a close and continuing | ||||||
24 | relationship between the other parent and the child; | ||||||
25 | (14) the occurrence of abuse against the child or other | ||||||
26 | member of the child's household; |
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1 | (15) whether one of the parents is a convicted sex | ||||||
2 | offender or lives with a convicted sex offender and, if so, | ||||||
3 | the exact nature of the offense and what if any treatment | ||||||
4 | the offender has successfully participated in; the parties | ||||||
5 | are entitled to a hearing on the issues raised in this | ||||||
6 | paragraph (15); | ||||||
7 | (16) the terms of a parent's military family-care plan | ||||||
8 | that a parent must complete before deployment if a parent | ||||||
9 | is a member of the United States Armed Forces who is being | ||||||
10 | deployed; and | ||||||
11 | (17) any other factor that the court expressly finds to | ||||||
12 | be relevant. | ||||||
13 | (b-5) If, within the first year after a child is born, | ||||||
14 | parentage is established under the Illinois Parentage Act of | ||||||
15 | 2015, then a court shall award equal decision-making to each | ||||||
16 | parent unless a court finds that a parent's exercise of | ||||||
17 | decision-making would seriously endanger the child's physical, | ||||||
18 | mental, moral, or emotional health. | ||||||
19 | (c) In allocating parenting time, the court shall not | ||||||
20 | consider conduct of a parent that does not affect that parent's | ||||||
21 | relationship to the child.
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22 | (d) Upon motion, the court may allow a parent who is | ||||||
23 | deployed or who has orders to be deployed as a member of the | ||||||
24 | United States Armed Forces to designate a person known to the | ||||||
25 | child to exercise reasonable substitute visitation on behalf of | ||||||
26 | the deployed parent, if the court determines that substitute |
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1 | visitation is in the best interests of the child. In | ||||||
2 | determining whether substitute visitation is in the best | ||||||
3 | interests of the child, the court shall consider all of the | ||||||
4 | relevant factors listed in subsection (b) of this Section and | ||||||
5 | apply those factors to the person designated as a substitute | ||||||
6 | for the deployed parent for visitation purposes. Visitation | ||||||
7 | orders entered under this subsection are subject to subsections | ||||||
8 | (e) and (f) of Section 602.9 and subsections (c) and (d) of | ||||||
9 | Section 603.10. | ||||||
10 | (e) If the street address of a parent is not identified | ||||||
11 | pursuant to Section 708 of this Act, the court shall require | ||||||
12 | the parties to identify reasonable alternative arrangements | ||||||
13 | for parenting time by the other parent including, but not | ||||||
14 | limited to, parenting time of the minor child at the residence | ||||||
15 | of another person or at a local public or private facility.
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16 | (Source: P.A. 99-90, eff. 1-1-16 .)
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