Bill Text: IL HB6197 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning the best interest of the child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-11 - Referred to Rules Committee [HB6197 Detail]

Download: Illinois-2009-HB6197-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB6197 Introduced 2/11/2010, by Rep. Michael J. Zalewski SYNOPSIS AS INTRODUCED:
750 ILCS 5/602 from Ch. 40, par. 602
Amends the Illinois Marriage and Dissolution of Marriage Act. Makes a technical change in a Section concerning the best interest of the child.
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A BILL FOR
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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 changing Section 602 as follows:
(750 ILCS 5/602) (from Ch. 40, par. 602)
Sec. 602. Best Interest of Child.
(a) The court shall determine custody in accordance with
the the best interest of the child. The court shall consider
all relevant factors including:
(1) the wishes of the child's parent or parents as to
his custody;
(2) the wishes of the child as to his custodian;
(3) the interaction and interrelationship of the child
with his parent or parents, his siblings and any other
person who may significantly affect the child's best
interest;
(4) the child's adjustment to his home, school and
community;
(5) the mental and physical health of all individuals
involved;
(6) the physical violence or threat of physical
violence by the child's potential custodian, whether

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directed against the child or directed against another
person;
(7) the occurrence of ongoing or repeated abuse as
defined in Section 103 of the Illinois Domestic Violence
Act of 1986, whether directed against the child or directed
against another person;
(8) the willingness and ability of each parent to
facilitate and encourage a close and continuing
relationship between the other parent and the child;
(9) whether one of the parents is a sex offender; and
(10) the terms of a parent's military family-care plan
that a parent must complete before deployment if a parent
is a member of the United States Armed Forces who is being
deployed.
In the case of a custody proceeding in which a stepparent
has standing under Section 601, it is presumed to be in the
best interest of the minor child that the natural parent have
the custody of the minor child unless the presumption is
rebutted by the stepparent.
(b) The court shall not consider conduct of a present or
proposed custodian that does not affect his relationship to the
child.
(c) Unless the court finds the occurrence of ongoing abuse
as defined in Section 103 of the Illinois Domestic Violence Act
of 1986, the court shall presume that the maximum involvement
and cooperation of both parents regarding the physical, mental,

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moral, and emotional well-being of their child is in the best
interest of the child. There shall be no presumption in favor
of or against joint custody.
(Source: P.A. 95-331, eff. 8-21-07; 96-676, eff. 1-1-10.)