Rep. La Shawn K. Ford

Filed: 4/5/2018

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4113

2    AMENDMENT NO. ______. Amend House Bill 4113 on page 1, by
3replacing line 6 with "602.10, 603.10, and 610.5 as follows:";
4and
 
5by replacing line 18 on page 7 through line 11 on page 11 with
6the following:
 
7    "(750 ILCS 5/602.7)
8    Sec. 602.7. Allocation of parental responsibilities:
9parenting time.
10    (a) Allocation of parenting time. Best interests. The court
11shall allocate parenting time according to the child's best
12interests. Unless the parents present a mutually agreed written
13parenting plan and that plan is approved by the court, the
14court shall allocate parenting time. There is a rebuttable
15presumption that it is in the child's best interests to award
16equal time to each parent. In determining the child's best

 

 

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1interests for purposes of allocating parenting time, the court
2shall consider all relevant factors, including, without
3limitation, the following:
4        (1) the wishes of each parent seeking parenting time;
5        (2) the wishes of the child, taking into account the
6    child's maturity and ability to express reasoned and
7    independent preferences as to parenting time;
8        (3) the amount of time each parent spent performing
9    caretaking functions with respect to the child in the 24
10    months preceding the filing of any petition for allocation
11    of parental responsibilities or, if the child is under 2
12    years of age, since the child's birth;
13        (4) any prior agreement or course of conduct between
14    the parents relating to caretaking functions with respect
15    to the child;
16        (5) the interaction and interrelationship of the child
17    with his or her parents and siblings and with any other
18    person who may significantly affect the child's best
19    interests;
20        (6) the child's adjustment to his or her home, school,
21    and community;
22        (7) the mental and physical health of all individuals
23    involved;
24        (8) the child's needs;
25        (9) the distance between the parents' residences, the
26    cost and difficulty of transporting the child, each

 

 

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1    parent's and the child's daily schedules, and the ability
2    of the parents to cooperate in the arrangement;
3        (10) whether a restriction on parenting time is
4    appropriate;
5        (11) the physical violence or threat of physical
6    violence by the child's parent directed against the child
7    or other member of the child's household;
8        (12) the willingness and ability of each parent to
9    place the needs of the child ahead of his or her own needs;
10        (13) the willingness and ability of each parent to
11    facilitate and encourage a close and continuing
12    relationship between the other parent and the child;
13        (14) the occurrence of abuse against the child or other
14    member of the child's household;
15        (15) whether one of the parents is a convicted sex
16    offender or lives with a convicted sex offender and, if so,
17    the exact nature of the offense and what if any treatment
18    the offender has successfully participated in; the parties
19    are entitled to a hearing on the issues raised in this
20    paragraph (15);
21        (16) the terms of a parent's military family-care plan
22    that a parent must complete before deployment if a parent
23    is a member of the United States Armed Forces who is being
24    deployed; and
25        (17) any other factor that the court expressly finds to
26    be relevant.

 

 

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1    If the court deviates from the presumption contained in
2this subsection, the court shall issue a written decision
3stating its specific findings of fact and conclusions of law in
4support of the deviation from the presumption.
5    (b) Restrictions Allocation of parenting time. Unless the
6parents present a mutually agreed written parenting plan and
7that plan is approved by the court, the court shall allocate
8parenting time. It is presumed both parents are fit and the
9court shall not place any restrictions on parenting time as
10defined in Section 600 and described in Section 603.10, unless
11it finds by a preponderance of the evidence that a parent is an
12unfit person under Section 1 of the Adoption Act. If the court
13deviates from the presumption contained in this subsection, the
14court shall issue a written decision stating its specific
15findings of fact and conclusions of law in support of the
16deviation from the presumption parent's exercise of parenting
17time would seriously endanger the child's physical, mental,
18moral, or emotional health.
19    In determining the child's best interests for purposes of
20allocating parenting time, the court shall consider all
21relevant factors, including, without limitation, the
22following:
23        (1) the wishes of each parent seeking parenting time;
24        (2) the wishes of the child, taking into account the
25    child's maturity and ability to express reasoned and
26    independent preferences as to parenting time;

 

 

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1        (3) the amount of time each parent spent performing
2    caretaking functions with respect to the child in the 24
3    months preceding the filing of any petition for allocation
4    of parental responsibilities or, if the child is under 2
5    years of age, since the child's birth;
6        (4) any prior agreement or course of conduct between
7    the parents relating to caretaking functions with respect
8    to the child;
9        (5) the interaction and interrelationship of the child
10    with his or her parents and siblings and with any other
11    person who may significantly affect the child's best
12    interests;
13        (6) the child's adjustment to his or her home, school,
14    and community;
15        (7) the mental and physical health of all individuals
16    involved;
17        (8) the child's needs;
18        (9) the distance between the parents' residences, the
19    cost and difficulty of transporting the child, each
20    parent's and the child's daily schedules, and the ability
21    of the parents to cooperate in the arrangement;
22        (10) whether a restriction on parenting time is
23    appropriate;
24        (11) the physical violence or threat of physical
25    violence by the child's parent directed against the child
26    or other member of the child's household;

 

 

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1        (12) the willingness and ability of each parent to
2    place the needs of the child ahead of his or her own needs;
3        (13) the willingness and ability of each parent to
4    facilitate and encourage a close and continuing
5    relationship between the other parent and the child;
6        (14) the occurrence of abuse against the child or other
7    member of the child's household;
8        (15) whether one of the parents is a convicted sex
9    offender or lives with a convicted sex offender and, if so,
10    the exact nature of the offense and what if any treatment
11    the offender has successfully participated in; the parties
12    are entitled to a hearing on the issues raised in this
13    paragraph (15);
14        (16) the terms of a parent's military family-care plan
15    that a parent must complete before deployment if a parent
16    is a member of the United States Armed Forces who is being
17    deployed; and
18        (17) any other factor that the court expressly finds to
19    be relevant.
20    (c) In allocating parenting time, the court shall not
21consider conduct of a parent that does not affect that parent's
22relationship to the child.
23    (d) Upon motion, the court may allow a parent who is
24deployed or who has orders to be deployed as a member of the
25United States Armed Forces to designate a person known to the
26child to exercise reasonable substitute visitation on behalf of

 

 

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1the deployed parent, if the court determines that substitute
2visitation is in the best interests of the child. In
3determining whether substitute visitation is in the best
4interests of the child, the court shall consider all of the
5relevant factors listed in subsection (b) of this Section and
6apply those factors to the person designated as a substitute
7for the deployed parent for visitation purposes. Visitation
8orders entered under this subsection are subject to subsections
9(e) and (f) of Section 602.9 and subsections (c) and (d) of
10Section 603.10.
11    (e) If the street address of a parent is not identified
12pursuant to Section 708 of this Act, the court shall require
13the parties to identify reasonable alternative arrangements
14for parenting time by the other parent including, but not
15limited to, parenting time of the minor child at the residence
16of another person or at a local public or private facility.
17(Source: P.A. 99-90, eff. 1-1-16.)"; and
 
18on page 16, by replacing lines 21 through 23 with the
19following:
20"is an unfit person, as defined in Section 1 of the Adoption
21Act engaged in any conduct that seriously endangered the
22child's mental, moral, or physical health or that significantly
23impaired the child's emotional development, the court shall";
24and
 

 

 

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1on page 20, by inserting immediately below line 19 the
2following:
 
3    "(750 ILCS 5/610.5)
4    Sec. 610.5. Modification.
5    (a) Unless by stipulation of the parties or except as
6provided in Section 603.10 of this Act, no motion to modify an
7order allocating parental decision-making responsibilities,
8not including parenting time, may be made earlier than 2 years
9after its date, unless the court permits it to be made on the
10basis of affidavits that there is reason to believe the child's
11present environment may endanger seriously his or her mental,
12moral, or physical health or significantly impair the child's
13emotional development. Parenting time may be modified at any
14time, without a showing of serious endangerment, upon a showing
15of changed circumstances that necessitates modification to
16serve the best interests of the child.
17    (b) (Blank).
18    (c) Except in a case concerning the modification of any
19restriction of parental responsibilities under Section 603.10,
20the court shall modify a parenting plan or allocation judgment
21when necessary to serve the child's best interests if the court
22finds, by a preponderance of the evidence, that on the basis of
23facts that have arisen since the entry of the existing
24parenting plan or allocation judgment or were not anticipated
25therein, a substantial change has occurred in the circumstances

 

 

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1of the child or of either parent and that a modification is
2necessary to serve the child's best interests.
3    (d) The court shall modify a parenting plan or allocation
4judgment in accordance with a parental agreement, unless it
5finds that the modification is not in the child's best
6interests.
7    (e) The court may modify a parenting plan or allocation
8judgment without a showing of changed circumstances if (i) the
9modification is in the child's best interests; and (ii) any of
10the following are proven as to the modification:
11        (1) the modification reflects the actual arrangement
12    under which the child has been receiving care, without
13    parental objection, for the 6 months preceding the filing
14    of the petition for modification, provided that the
15    arrangement is not the result of a parent's acquiescence
16    resulting from circumstances that negated the parent's
17    ability to give meaningful consent;
18        (2) the modification constitutes a minor modification
19    in the parenting plan or allocation judgment;
20        (3) the modification is necessary to modify an agreed
21    parenting plan or allocation judgment that the court would
22    not have ordered or approved under Section 602.5 or 602.7
23    had the court been aware of the circumstances at the time
24    of the order or approval; or
25        (4) the parties agree to the modification.
26    (f) Attorney's fees and costs shall be assessed against a

 

 

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1party seeking modification if the court finds that the
2modification action is vexatious or constitutes harassment. If
3the court finds that a parent has repeatedly filed frivolous
4motions for modification, the court may bar the parent from
5filing a motion for modification for a period of time.
6    (g) If a parenting plan or judgment of dissolution of
7marriage allocates parental responsibilities in a way that
8deviates from the presumptions in this Act, a parent may
9petition to modify the parenting plan without showing a
10substantial change in circumstances within 730 days after the
11effective date of this amendatory Act of the 100th General
12Assembly.
13(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)".