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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5509 Introduced 2/16/2018, by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
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| 750 ILCS 5/602.5 | | 750 ILCS 5/602.7 | |
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Amends the Illinois Marriage and Dissolution of Marriage Act. 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.
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| | A BILL FOR |
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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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