Full Text of HB2283 96th General Assembly
HB2283eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of | 5 |
| Marriage Act is amended by changing Sections 602 and 610 as | 6 |
| follows:
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| (750 ILCS 5/602) (from Ch. 40, par. 602)
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| Sec. 602. Best Interest of Child.
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| (a) The court shall determine
custody in accordance with | 10 |
| the best interest of the child. The court
shall consider all | 11 |
| relevant factors including:
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| (1) the wishes of the child's parent or parents as to | 13 |
| his custody;
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| (2) the wishes of the child as to his custodian;
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| (3) the interaction and interrelationship of the child | 16 |
| with his
parent or parents, his siblings and any other | 17 |
| person who may
significantly affect the child's best | 18 |
| interest;
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| (4) the child's adjustment to his home, school and | 20 |
| community;
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| (5) the mental and physical health of all individuals | 22 |
| involved;
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| (6) the physical violence or threat of physical |
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| violence by the child's
potential custodian, whether | 2 |
| directed against the child or directed against
another | 3 |
| person;
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| (7) the occurrence of ongoing or repeated abuse as | 5 |
| defined in Section 103 of the
Illinois Domestic Violence | 6 |
| Act of 1986, whether directed against the child
or directed | 7 |
| against another person;
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| (8) the willingness and ability of each parent to | 9 |
| facilitate and
encourage a close and continuing | 10 |
| relationship between the other parent
and the child; and
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| (9) whether one of the parents is a sex offender.
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| In the case of a custody proceeding in which a stepparent | 13 |
| has standing
under Section 601, it is presumed to be in the | 14 |
| best interest of the minor child
that the natural parent have | 15 |
| the custody of the minor child unless the
presumption is | 16 |
| rebutted by the stepparent.
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| (b) The court shall not consider conduct of a present or | 18 |
| proposed
custodian that does not affect his relationship to the | 19 |
| child.
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| (c) Unless the court finds the occurrence of ongoing abuse | 21 |
| as defined
in Section 103 of the Illinois Domestic Violence Act | 22 |
| of 1986, the court
shall presume that the maximum involvement | 23 |
| and cooperation
of both parents regarding the physical, mental, | 24 |
| moral, and emotional
well-being of
their child is in the best | 25 |
| interest of the child. There shall be no
presumption in favor | 26 |
| of or against joint custody.
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| (d) The court shall not consider the military deployment of | 2 |
| a present or proposed custodian. | 3 |
| (Source: P.A. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06; | 4 |
| 95-331, eff. 8-21-07.)
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| (750 ILCS 5/610) (from Ch. 40, par. 610)
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| Sec. 610. Modification.
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| (a) Unless by stipulation of the parties or except as | 8 |
| provided in subsection (a-5), no motion
to modify a custody | 9 |
| judgment may be made earlier than 2 years after its
date, | 10 |
| unless the court permits it to be made on the basis of | 11 |
| affidavits
that there is reason to believe the child's present | 12 |
| environment may endanger
seriously his physical, mental, moral | 13 |
| or emotional health.
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| (a-5) A motion to modify a custody judgment may be made at | 15 |
| any time by a party who has been informed of the existence of | 16 |
| facts requiring notice to be given under Section 609.5.
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| (b) The court shall not modify a prior custody judgment | 18 |
| unless it finds by
clear and convincing evidence, upon the | 19 |
| basis of facts that have arisen since
the prior judgment or | 20 |
| that were unknown to the court at the time of entry of
the | 21 |
| prior judgment, that a change has occurred in the circumstances | 22 |
| of the
child or his custodian, or in the case of a joint | 23 |
| custody arrangement that a
change has occurred in the | 24 |
| circumstances of the child or either or both parties
having | 25 |
| custody, and that the modification is necessary to serve the |
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| best
interest of the child. The existence of facts requiring | 2 |
| notice to be given under Section 609.5 of this Act shall be | 3 |
| considered a change in circumstance. In the case of joint | 4 |
| custody, if the parties agree to a
termination of a joint | 5 |
| custody arrangement, the court shall so terminate the
joint | 6 |
| custody and make any modification which is in the child's best | 7 |
| interest.
The court shall state in its decision specific | 8 |
| findings of fact in support of
its modification or termination | 9 |
| of joint custody if either parent opposes the
modification or | 10 |
| termination.
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| (c) Attorney fees and costs shall be assessed against a | 12 |
| party seeking
modification if the court finds that the | 13 |
| modification action is vexatious
and constitutes harassment.
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| (d) Notice under this Section shall be given as provided in
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| subsections (c) and (d) of Section 601.
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| (e) The court shall not permanently modify a prior custody | 17 |
| judgment while an active duty military member is deployed. | 18 |
| "Active-duty military member" means, for purposes of this | 19 |
| Section, a person who is currently serving on active duty as a | 20 |
| member of the Armed Forces of the United States, the Illinois | 21 |
| National Guard, or any reserve component of the Armed Forces of | 22 |
| the United States. | 23 |
| (Source: P.A. 94-643, eff. 1-1-06.)
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