Illinois General Assembly - Full Text of Public Act 094-0377
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Public Act 094-0377




Public Act 094-0377
SB0098 Enrolled LRB094 05993 LCB 36050 b

    AN ACT concerning civil law.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Sections 602 and 602.1 and
by adding Section 601.5 as follows:
    (750 ILCS 5/601.5 new)
    Sec. 601.5. Training. The chief circuit judge or designated
presiding judge may approve 3 hours of training for guardian ad
litems appointed under Section 601 of this Act, professional
personnel appointed under Section 604 of this Act, evaluators
appointed under Section 604.5 of this Act, and investigators
appointed under Section 605 of this Act. This training shall
include a component on the dynamics of domestic violence and
its effect on parents and children.
    (750 ILCS 5/602)  (from Ch. 40, par. 602)
    Sec. 602. Best Interest of Child.
    (a) The court shall determine custody in accordance with
the best interest of the child. The court shall consider all
relevant factors including:
        (1) the wishes of the child's parent or parents as to
    his custody;
        (2) the wishes of the child as to his custodian;
        (3) the interaction and interrelationship of the child
    with his parent or parents, his siblings and any other
    person who may significantly affect the child's best
        (4) the child's adjustment to his home, school and
        (5) the mental and physical health of all individuals
        (6) the physical violence or threat of physical
    violence by the child's potential custodian, whether
    directed against the child or directed against another
        (7) the occurrence of ongoing or repeated abuse as
    defined in Section 103 of the Illinois Domestic Violence
    Act of 1986, whether directed against the child or directed
    against another person; and
        (8) the willingness and ability of each parent to
    facilitate and encourage a close and continuing
    relationship between the other parent and the child.
    In the case of a custody proceeding in which a stepparent
has standing under Section 601, it is presumed to be in the
best interest of the minor child that the natural parent have
the custody of the minor child unless the presumption is
rebutted by the stepparent.
    (b) The court shall not consider conduct of a present or
proposed custodian that does not affect his relationship to the
    (c) Unless the court finds the occurrence of ongoing abuse
as defined in Section 103 of the Illinois Domestic Violence Act
of 1986, the court shall presume that the maximum involvement
and cooperation of both parents regarding the physical, mental,
moral, and emotional well-being of their child is in the best
interest of the child. There shall be no presumption in favor
of or against joint custody.
(Source: P.A. 90-782, eff. 8-14-98.)
    (750 ILCS 5/602.1)  (from Ch. 40, par. 602.1)
    Sec. 602.1. (a) The dissolution of marriage, the
declaration of invalidity of marriage, the legal separation of
the parents, or the parents living separate and apart shall not
diminish parental powers, rights, and responsibilities except
as the court for good reason may determine under the standards
of Section 602.
    (b) Upon the application of either or both parents, or upon
its own motion, the court shall consider an award of joint
custody. Joint custody means custody determined pursuant to a
Joint Parenting Agreement or a Joint Parenting Order. In such
cases, the court shall initially request the parents to produce
a Joint Parenting Agreement. Such Agreement shall specify each
parent's powers, rights and responsibilities for the personal
care of the child and for major decisions such as education,
health care, and religious training. The Agreement shall
further specify a procedure by which proposed changes, disputes
and alleged breaches may be mediated or otherwise resolved and
shall provide for a periodic review of its terms by the
parents. In producing a Joint Parenting Agreement, the parents
shall be flexible in arriving at resolutions which further the
policy of this State as expressed in Sections 102 and 602. For
the purpose of assisting the court in making a determination
whether an award of joint custody is appropriate, the court may
order mediation and may direct that an investigation be
conducted pursuant to the provisions of Section 605. If there
is a danger to the health or safety of a partner, joint
mediation shall not be required by the court. In the event the
parents fail to produce a Joint Parenting Agreement, the court
may enter an appropriate Joint Parenting Order under the
standards of Section 602 which shall specify and contain the
same elements as a Joint Parenting Agreement, or it may award
sole custody under the standards of Sections 602, 607, and 608.
    (c) The court may enter an order of joint custody if it
determines that joint custody would be in the best interests of
the child, taking into account the following:
        (1) the ability of the parents to cooperate effectively
    and consistently in matters that directly affect the joint
    parenting of the child. "Ability of the parents to
    cooperate" means the parents' capacity to substantially
    comply with a Joint Parenting Order. The court shall not
    consider the inability of the parents to cooperate
    effectively and consistently in matters that do not
    directly affect the joint parenting of the child;
        (2) The residential circumstances of each parent; and
        (3) all other factors which may be relevant to the best
    interest of the child.
    (d) Nothing within this section shall imply or presume that
joint custody shall necessarily mean equal parenting time. The
physical residence of the child in joint custodial situations
shall be determined by:
        (1) express agreement of the parties; or
        (2) order of the court under the standards of this
    (e) Notwithstanding any other provision of law, access to
records and information pertaining to a child, including but
not limited to medical, dental, child care and school records,
shall not be denied to a parent for the reason that such parent
is not the child's custodial parent; however, no parent shall
have access to the school records of a child if the parent is
prohibited by an order of protection from inspecting or
obtaining such records pursuant to the Illinois Domestic
Violence Act of 1986, as now or hereafter amended.
(Source: P.A. 88-409.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/29/2005