93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5214


 
Introduced 02/06/04, by Richard P. Myers
 
SYNOPSIS AS INTRODUCED:
 		














750 ILCS 5/602
  from Ch. 40, par. 602







    Amends the Illinois Marriage and Dissolution of Marriage Act.  Provides that there shall be a presumption in favor of joint custody, provided that both parents agree to that custody arrangement.  Effective immediately.
















LRB093 20001 LCB 45745 b

















 


 


A BILL FOR









 











HB5214

LRB093 20001 LCB 45745 b






1
    AN ACT concerning families.

 
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 of 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 to 
12
    his custody;


13
        (2) the wishes of the child as to his custodian;


14
        (3) the interaction and interrelationship of the child 
15
    with his
parent or parents, his siblings and any other 
16
    person who may
significantly affect the child's best 
17
    interest;


18
        (4) the child's adjustment to his home, school and 
19
    community;


20
        (5) the mental and physical health of all individuals 
21
    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 1986, 
28
    whether directed against the child
or directed against 
29
    another person; and


30
        (8) the willingness and ability of each parent to 
31
    facilitate and
encourage a close and continuing 
32
    relationship between the other parent
and the child.

 


 






HB5214
- 2 -
LRB093 20001 LCB 45745 b




1
    In the case of a custody proceeding in which a stepparent 
2
has standing
under Section 601, it is presumed to be in the 
3
best interest of the minor child
that the natural parent have 
4
the custody of the minor child unless the
presumption is 
5
rebutted by the stepparent.

6
    (b) The court shall not consider conduct of a present or 
7
proposed
custodian that does not affect his relationship to the 
8
child.

9
    (c) Unless the court finds the occurrence of ongoing abuse 
10
as defined
in Section 103 of the Illinois Domestic Violence Act 
11
of 1986, the court
shall presume that the maximum involvement 
12
and cooperation
of both parents regarding the physical, mental, 
13
moral, and emotional
well-being of
their child is in the best 
14
interest of the child. There shall be a presumption in favor of 
15
joint custody, provided that both parents agree to that custody 
16
arrangement.
There shall be no
presumption in favor of or 
17
against joint custody.

18
(Source: P.A. 90-782, eff. 8-14-98.)

 

19
    Section 99. Effective date. This Act takes effect upon 
20
becoming law.