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| 1 | AN ACT concerning civil law, which may be referred to as | ||||||
| 2 | the Child Homestead Stability Act.
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| 3 | Be it enacted by the People of the State of Illinois,
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| 4 | represented in the General Assembly:
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| 5 | Section 5. The Illinois Marriage and Dissolution of | ||||||
| 6 | Marriage Act is amended by changing Section 602.1 as follows:
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| 7 | (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
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| 8 | Sec. 602.1. (a) The dissolution of marriage, the | ||||||
| 9 | declaration of
invalidity of marriage, the legal separation of | ||||||
| 10 | the parents, or the parents
living separate and apart shall not | ||||||
| 11 | diminish parental powers, rights, and
responsibilities except | ||||||
| 12 | as the court for good reason may determine under
the standards | ||||||
| 13 | of Section 602.
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| 14 | (b) Upon the application of either or both parents, or upon | ||||||
| 15 | its own motion,
the court shall consider an award of joint | ||||||
| 16 | custody. Joint custody means
custody determined pursuant to a | ||||||
| 17 | Joint Parenting Agreement or a Joint Parenting
Order. In such | ||||||
| 18 | cases, the court shall initially request the parents to produce
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| 19 | a Joint Parenting Agreement. Such Agreement shall specify each | ||||||
| 20 | parent's
powers, rights and responsibilities for the personal | ||||||
| 21 | care of the child and
for major decisions such as education, | ||||||
| 22 | health care, and religious training.
The Agreement shall | ||||||
| 23 | further specify a procedure by which proposed changes,
disputes | ||||||
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| 1 | and alleged breaches may be mediated or otherwise resolved and
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| 2 | shall provide for a periodic review of its terms by the | ||||||
| 3 | parents. In
producing a Joint Parenting Agreement, the parents | ||||||
| 4 | shall be flexible in
arriving at resolutions which further the | ||||||
| 5 | policy of this State as expressed
in Sections 102 and 602. For | ||||||
| 6 | the purpose of assisting the court in making
a determination | ||||||
| 7 | whether an award of joint custody is appropriate, the court
may | ||||||
| 8 | order mediation and may direct that an investigation be | ||||||
| 9 | conducted
pursuant to the provisions of Section 605. If there | ||||||
| 10 | is a danger to the health or safety of a partner, joint | ||||||
| 11 | mediation shall not be required by the court. In the event the | ||||||
| 12 | parents fail
to produce a Joint Parenting Agreement, the court | ||||||
| 13 | may enter an appropriate
Joint Parenting Order under the | ||||||
| 14 | standards of Section 602 which shall
specify and contain the | ||||||
| 15 | same elements as a Joint Parenting Agreement, or it
may award | ||||||
| 16 | sole custody under the standards of Sections 602, 607, and 608.
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| 17 | (c) The court may enter an order of joint custody if it | ||||||
| 18 | determines
that joint custody would be in the best interests of | ||||||
| 19 | the child, taking into
account the following:
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| 20 | (1) the ability of the parents to cooperate effectively | ||||||
| 21 | and
consistently in matters that directly affect the joint | ||||||
| 22 | parenting of the child.
"Ability of the parents
to | ||||||
| 23 | cooperate" means the parents' capacity to substantially | ||||||
| 24 | comply with a Joint
Parenting Order. The court shall not | ||||||
| 25 | consider the inability of the parents to
cooperate | ||||||
| 26 | effectively and consistently in matters that do not | ||||||
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| 1 | directly affect
the joint parenting of the child;
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| 2 | (2) The residential circumstances of each parent; and
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| 3 | (3) all other factors which may be relevant to the best | ||||||
| 4 | interest of the
child.
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| 5 | (d) Nothing within this section shall imply or presume that | ||||||
| 6 | joint
custody shall necessarily mean equal parenting time. The | ||||||
| 7 | physical
residence of the child in joint custodial situations | ||||||
| 8 | shall be determined by:
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| 9 | (1) express agreement of the parties; or
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| 10 | (2) order of the court under the standards of this | ||||||
| 11 | Section.
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| 12 | (d-5) In a joint custodial situation, the parents of the | ||||||
| 13 | child may agree that the physical residence of the child shall | ||||||
| 14 | be the former marital residence and that one parent shall | ||||||
| 15 | reside at the residence with the child during the time that | ||||||
| 16 | that parent has physical custody of the child pursuant to the | ||||||
| 17 | Joint Parenting Agreement or Joint Parenting Order and the | ||||||
| 18 | other parent shall reside elsewhere during that time. This | ||||||
| 19 | subsection (d-5) may be referred to as the "child homestead | ||||||
| 20 | stability" provision of this Act.
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| 21 | (e) Notwithstanding any other provision of law, access to | ||||||
| 22 | records and
information pertaining to a child, including but | ||||||
| 23 | not limited to medical,
dental, child care and school records, | ||||||
| 24 | shall not be denied to a parent for
the reason that such parent | ||||||
| 25 | is not the child's custodial parent; however,
no parent shall | ||||||
| 26 | have access to the school records of a child if the parent
is | ||||||
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| 1 | prohibited by an order of protection from inspecting or | ||||||
| 2 | obtaining such
records pursuant to the Illinois Domestic | ||||||
| 3 | Violence Act of 1986, as now or
hereafter amended.
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| 4 | (Source: P.A. 94-377, eff. 7-29-05.)
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| 5 | Section 99. Effective date. This Act takes effect upon | ||||||
| 6 | becoming law.
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