Illinois General Assembly

Previous General Assemblies

 Bill Status of HB2992  98th General Assembly


Short Description:  DISSOL: CUSTODY-1ST REFUSAL

House Sponsors
Rep. Josh Harms - Jil Tracy - Chad Hays - Naomi D. Jakobsson - Michael J. Zalewski, Linda Chapa LaVia, John M. Cabello, Monique D. Davis, Jim Sacia, Raymond Poe, Lou Lang, Ann Williams, Elgie R. Sims, Jr., Dennis M. Reboletti and André M. Thapedi

Senate Sponsors
(Sen. Ira I. Silverstein - Steven M. Landek, John M. Sullivan, John G. Mulroe, Jason A. Barickman, Kirk W. Dillard, Michael E. Hastings, Daniel Biss, Linda Holmes, Melinda Bush, Michael Noland, Martin A. Sandoval, Toi W. Hutchinson, Pamela J. Althoff, Chapin Rose and Napoleon Harris, III)

Last Action
DateChamber Action
  8/16/2013HousePublic Act . . . . . . . . . 98-0462

Statutes Amended In Order of Appearance
750 ILCS 5/602.3 new


Synopsis As Introduced
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.

House Floor Amendment No. 1
Replaces everything after the enacting clause. Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if the court awards joint custody or visitation rights, the court may consider, consistent with the best interest of the child, 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. Provides that "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. Provides that the parties may agree to a right of first refusal, but if they do not and the court determines that a right of first refusal is in the best interest of the child, the court shall consider an make provisions in its order for specified considerations relating to the right of first refusal. Provides that the new provisions are enforceable under the Section of the Act concerning visitation abuse. Provides that the right of first refusal are terminated upon the termination of custody or visitation rights.

Actions 
DateChamber Action
  2/26/2013HouseFiled with the Clerk by Rep. Josh Harms
  2/26/2013HouseFirst Reading
  2/26/2013HouseReferred to Rules Committee
  3/7/2013HouseAssigned to Judiciary
  3/8/2013HouseAdded Chief Co-Sponsor Rep. Jil Tracy
  3/8/2013HouseAdded Chief Co-Sponsor Rep. Chad Hays
  3/8/2013HouseAdded Chief Co-Sponsor Rep. Naomi D. Jakobsson
  3/8/2013HouseAdded Chief Co-Sponsor Rep. Michael J. Zalewski
  3/8/2013HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/8/2013HouseAdded Co-Sponsor Rep. Ron Sandack
  3/13/2013HouseAdded Co-Sponsor Rep. John M. Cabello
  3/13/2013HouseAdded Co-Sponsor Rep. Monique D. Davis
  3/15/2013HouseAdded Co-Sponsor Rep. Jim Sacia
  3/15/2013HouseAdded Co-Sponsor Rep. Raymond Poe
  3/19/2013HouseAdded Co-Sponsor Rep. Lou Lang
  3/19/2013HouseRemoved Co-Sponsor Rep. Ron Sandack
  3/20/2013HouseAdded Co-Sponsor Rep. Ann Williams
  3/20/2013HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  3/20/2013HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/20/2013HouseAdded Co-Sponsor Rep. André M. Thapedi
  3/20/2013HouseDo Pass / Short Debate Judiciary; 016-000-000
  3/20/2013HousePlaced on Calendar 2nd Reading - Short Debate
  3/21/2013HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Josh Harms
  3/21/2013HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/28/2013HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary
  4/10/2013HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary; 011-000-000
  4/10/2013HouseSecond Reading - Short Debate
  4/10/2013HouseHouse Floor Amendment No. 1 Adopted
  4/10/2013HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/12/2013HouseThird Reading - Short Debate - Passed 104-000-000
  4/12/2013SenateArrive in Senate
  4/12/2013SenatePlaced on Calendar Order of First Reading April 16, 2013
  4/12/2013SenateChief Senate Sponsor Sen. Ira I. Silverstein
  4/16/2013SenateFirst Reading
  4/16/2013SenateReferred to Assignments
  4/23/2013SenateAssigned to Judiciary
  4/26/2013SenateAdded as Alternate Co-Sponsor Sen. John M. Sullivan
  4/30/2013SenateAdded as Alternate Co-Sponsor Sen. John G. Mulroe
  4/30/2013SenateAdded as Alternate Co-Sponsor Sen. Jason A. Barickman
  5/1/2013SenateDo Pass Judiciary; 010-000-000
  5/1/2013SenatePlaced on Calendar Order of 2nd Reading May 2, 2013
  5/2/2013SenateAdded as Alternate Co-Sponsor Sen. Kirk W. Dillard
  5/2/2013SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  5/3/2013SenateAdded as Alternate Co-Sponsor Sen. Daniel Biss
  5/7/2013SenateAdded as Alternate Chief Co-Sponsor Sen. Steven M. Landek
  5/8/2013SenateSecond Reading
  5/8/2013SenatePlaced on Calendar Order of 3rd Reading May 9, 2013
  5/9/2013SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/9/2013SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/9/2013SenateAdded as Alternate Co-Sponsor Sen. Michael Noland
  5/9/2013SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/20/2013SenateAdded as Alternate Co-Sponsor Sen. Toi W. Hutchinson
  5/20/2013SenateAdded as Alternate Co-Sponsor Sen. Pamela J. Althoff
  5/20/2013SenateAdded as Alternate Co-Sponsor Sen. Chapin Rose
  5/22/2013SenateAdded as Alternate Co-Sponsor Sen. Napoleon Harris, III
  5/22/2013SenateThird Reading - Passed; 057-000-000
  5/22/2013HousePassed Both Houses
  6/19/2013HouseSent to the Governor
  8/16/2013HouseGovernor Approved
  8/16/2013HouseEffective Date January 1, 2014
  8/16/2013HousePublic Act . . . . . . . . . 98-0462

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