Illinois General Assembly - Full Text of HB2992
Illinois General Assembly

Previous General Assemblies

Full Text of HB2992  98th General Assembly


Rep. Josh Harms

Filed: 3/21/2013





09800HB2992ham001LRB098 07270 HEP 43668 a


2    AMENDMENT NO. ______. Amend House Bill 2992 by replacing
3everything after the enacting clause with the following:
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



09800HB2992ham001- 2 -LRB098 07270 HEP 43668 a

1that if a party intends to leave the minor child or children
2with a substitute child-care provider for a significant period
3of time, that party must first offer the other party an
4opportunity to personally care for the minor child or children.
5The parties may agree to a right of first refusal that is
6consistent with the best interest of the minor child or
7children. If there is no agreement and the court determines
8that a right of first refusal is in the best interest of the
9minor child or children, the court shall consider and make
10provisions in its order for:
11        (1) the length and kind of child-care requirements
12    invoking the right of first refusal;
13        (2) notification to the other parent and for his or her
14    response;
15        (3) transportation requirements; and
16        (4) any other action necessary to protect and promote
17    the best interest of the minor child or children.
18    (c) The right of first refusal may be enforced under
19Section 607.1 of this Act.
20    (d) The right of first refusal is terminated upon the
21termination of custody or visitation rights.".