Illinois General Assembly - Full Text of HB2992
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Full Text of HB2992  98th General Assembly




HB2992 EnrolledLRB098 07270 HEP 41552 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by adding Section 602.3 as follows:
6    (750 ILCS 5/602.3 new)
7    Sec. 602.3. Care of minor children; right of first refusal.
8    (a) If the court awards joint custody under Section 602.1
9or visitation rights under Section 607, the court may consider,
10consistent with the best interest of the child as defined in
11Section 602, whether to award to one or both of the parties the
12right of first refusal to provide child care for the minor
13child or children during the other parent's normal parenting
14time, unless the need for child care is attributable to an
16    (b) As used in this Section, "right of first refusal" means
17that if a party intends to leave the minor child or children
18with a substitute child-care provider for a significant period
19of time, that party must first offer the other party an
20opportunity to personally care for the minor child or children.
21The parties may agree to a right of first refusal that is
22consistent with the best interest of the minor child or
23children. If there is no agreement and the court determines



HB2992 Enrolled- 2 -LRB098 07270 HEP 41552 b

1that a right of first refusal is in the best interest of the
2minor child or children, the court shall consider and make
3provisions in its order for:
4        (1) the length and kind of child-care requirements
5    invoking the right of first refusal;
6        (2) notification to the other parent and for his or her
7    response;
8        (3) transportation requirements; and
9        (4) any other action necessary to protect and promote
10    the best interest of the minor child or children.
11    (c) The right of first refusal may be enforced under
12Section 607.1 of this Act.
13    (d) The right of first refusal is terminated upon the
14termination of custody or visitation rights.