Sen. Iris Y. Martinez

Filed: 5/5/2009





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2     AMENDMENT NO. ______. Amend House Bill 2283 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Sections 602 and 610 as
6 follows:
7     (750 ILCS 5/602)  (from Ch. 40, par. 602)
8     Sec. 602. Best Interest of Child.
9     (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:
12         (1) the wishes of the child's parent or parents as to
13     his custody;
14         (2) the wishes of the child as to his custodian;
15         (3) the interaction and interrelationship of the child
16     with his parent or parents, his siblings and any other



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1     person who may significantly affect the child's best
2     interest;
3         (4) the child's adjustment to his home, school and
4     community;
5         (5) the mental and physical health of all individuals
6     involved;
7         (6) the physical violence or threat of physical
8     violence by the child's potential custodian, whether
9     directed against the child or directed against another
10     person;
11         (7) the occurrence of ongoing or repeated abuse as
12     defined in Section 103 of the Illinois Domestic Violence
13     Act of 1986, whether directed against the child or directed
14     against another person;
15         (8) the willingness and ability of each parent to
16     facilitate and encourage a close and continuing
17     relationship between the other parent and the child; and
18         (9) whether one of the parents is a sex offender; and .
19         (10) the terms of a parent's military family-care plan
20     that a parent must complete before deployment if a parent
21     is a member of the United States armed forces who is being
22     deployed.
23     In the case of a custody proceeding in which a stepparent
24 has standing under Section 601, it is presumed to be in the
25 best interest of the minor child that the natural parent have
26 the custody of the minor child unless the presumption is



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1 rebutted by the stepparent.
2     (b) The court shall not consider conduct of a present or
3 proposed custodian that does not affect his relationship to the
4 child.
5     (c) Unless the court finds the occurrence of ongoing abuse
6 as defined in Section 103 of the Illinois Domestic Violence Act
7 of 1986, the court shall presume that the maximum involvement
8 and cooperation of both parents regarding the physical, mental,
9 moral, and emotional well-being of their child is in the best
10 interest of the child. There shall be no presumption in favor
11 of or against joint custody.
12 (Source: P.A. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06;
13 95-331, eff. 8-21-07.)
14     (750 ILCS 5/610)  (from Ch. 40, par. 610)
15     Sec. 610. Modification.
16     (a) Unless by stipulation of the parties or except as
17 provided in subsection (a-5), no motion to modify a custody
18 judgment may be made earlier than 2 years after its date,
19 unless the court permits it to be made on the basis of
20 affidavits that there is reason to believe the child's present
21 environment may endanger seriously his physical, mental, moral
22 or emotional health.
23     (a-5) A motion to modify a custody judgment may be made at
24 any time by a party who has been informed of the existence of
25 facts requiring notice to be given under Section 609.5.



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1     (b) The court shall not modify a prior custody judgment
2 unless it finds by clear and convincing evidence, upon the
3 basis of facts that have arisen since the prior judgment or
4 that were unknown to the court at the time of entry of the
5 prior judgment, that a change has occurred in the circumstances
6 of the child or his custodian, or in the case of a joint
7 custody arrangement that a change has occurred in the
8 circumstances of the child or either or both parties having
9 custody, and that the modification is necessary to serve the
10 best interest of the child. The existence of facts requiring
11 notice to be given under Section 609.5 of this Act shall be
12 considered a change in circumstance. In the case of joint
13 custody, if the parties agree to a termination of a joint
14 custody arrangement, the court shall so terminate the joint
15 custody and make any modification which is in the child's best
16 interest. The court shall state in its decision specific
17 findings of fact in support of its modification or termination
18 of joint custody if either parent opposes the modification or
19 termination.
20     (c) Attorney fees and costs shall be assessed against a
21 party seeking modification if the court finds that the
22 modification action is vexatious and constitutes harassment.
23     (d) Notice under this Section shall be given as provided in
24 subsections (c) and (d) of Section 601.
25     (e) A party's absence, relocation, or failure to comply
26 with the court's orders on custody, visitation, or parenting



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1 time may not, by itself, be sufficient to justify a
2 modification of a prior order if the reason for the absence,
3 relocation, or failure to comply is the party's deployment as a
4 member of the United States armed forces.
5 (Source: P.A. 94-643, eff. 1-1-06.)".