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91_HB3797
LRB9112401DJtm
1 AN ACT in relation to marriage.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by changing Section 602 as follows:
6 (750 ILCS 5/602) (from Ch. 40, par. 602)
7 Sec. 602. Best interest Interest of child Child.
8 (a) The court shall determine custody in accordance with
9 the best interest of the child. The court shall consider all
10 relevant factors including:
11 (1) the wishes of the child's parent or parents as
12 to his custody;
13 (2) the wishes of the child as to his custodian;
14 (3) the interaction and interrelationship of the
15 child with his parent or parents, his siblings and any
16 other person who may significantly affect the child's
17 best interest;
18 (4) the child's adjustment to his home, school and
19 community;
20 (5) the mental and physical health of all
21 individuals involved;
22 (6) the physical violence or threat of physical
23 violence by the child's potential custodian, whether
24 directed against the child or directed against another
25 person;
26 (7) the occurrence of ongoing abuse as defined in
27 Section 103 of the Illinois Domestic Violence Act of
28 1986, whether directed against the child or directed
29 against another person; and
30 (8) the willingness and ability of each parent to
31 facilitate and encourage a close and continuing
-2- LRB9112401DJtm
1 relationship between the other parent and the child.
2 In the case of a custody proceeding in which a stepparent
3 has standing under Section 601, it is presumed to be in the
4 best interest of the minor child that the natural parent have
5 the custody of the minor child unless the presumption is
6 rebutted by the stepparent.
7 (b) The court shall not consider conduct of a present or
8 proposed custodian that does not affect his relationship to
9 the child.
10 (c) Unless the court finds the occurrence of ongoing
11 abuse as defined in Section 103 of the Illinois Domestic
12 Violence Act of 1986, the court shall presume that the
13 maximum involvement and cooperation of both parents regarding
14 the physical, mental, moral, and emotional well-being of
15 their child is in the best interest of the child. There
16 shall be no presumption in favor of or against joint custody.
17 (Source: P.A. 90-782, eff. 8-14-98.)