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LRB094 08083 LCB 38267 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of |
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| Marriage Act is amended by changing Sections 602 and 610 and |
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| adding Section 609.5 as follows:
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| (750 ILCS 5/602) (from Ch. 40, par. 602)
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| Sec. 602. Best Interest of Child.
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| (a) The court shall determine
custody in accordance with |
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| the best interest of the child. The court
shall consider all |
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| relevant factors including:
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| (1) the wishes of the child's parent or parents as to |
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| his custody;
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| (2) the wishes of the child as to his custodian;
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| (3) the interaction and interrelationship of the child |
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| with his
parent or parents, his siblings and any other |
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| person who may
significantly affect the child's best |
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| interest;
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| (4) the child's adjustment to his home, school and |
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| community;
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| (5) the mental and physical health of all individuals |
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| involved;
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| (6) the physical violence or threat of physical |
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| violence by the child's
potential custodian, whether |
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| directed against the child or directed against
another |
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| person;
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| (7) the occurrence of ongoing abuse as defined in |
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| Section 103 of the
Illinois Domestic Violence Act of 1986, |
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| whether directed against the child
or directed against |
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| another person; and
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| (8) the willingness and ability of each parent to |
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| facilitate and
encourage a close and continuing |
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LRB094 08083 LCB 38267 b |
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| relationship between the other parent
and the child; and
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| (9) whether one of the parents is a sex offender.
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| In the case of a custody proceeding in which a stepparent |
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| has standing
under Section 601, it is presumed to be in the |
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| best interest of the minor child
that the natural parent have |
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| the custody of the minor child unless the
presumption is |
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| rebutted by the stepparent.
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| (b) The court shall not consider conduct of a present or |
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| proposed
custodian that does not affect his relationship to the |
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| child.
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| (c) Unless the court finds the occurrence of ongoing abuse |
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| as defined
in Section 103 of the Illinois Domestic Violence Act |
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| of 1986, the court
shall presume that the maximum involvement |
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| and cooperation
of both parents regarding the physical, mental, |
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| moral, and emotional
well-being of
their child is in the best |
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| interest of the child. There shall be no
presumption in favor |
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| of or against joint custody.
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| (Source: P.A. 90-782, eff. 8-14-98.)
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| (750 ILCS 5/609.5 new)
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| Sec. 609.5. Notification of remarriage or residency with a |
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| sex offender. A parent who intends to marry or reside with a |
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| sex offender, and knows or should know that the person with |
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| whom he or she intends to marry or reside is a sex offender, |
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| shall provide reasonable notice to the other parent with whom |
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| he or she has a minor child prior to the marriage or the |
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| commencement of the residency.
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| (750 ILCS 5/610) (from Ch. 40, par. 610)
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| Sec. 610. Modification.
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| (a) Unless by stipulation of the parties or except as |
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| provided in subsection (a-5), no motion
to modify a custody |
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| judgment may be made earlier than 2 years after its
date, |
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| unless the court permits it to be made on the basis of |
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| affidavits
that there is reason to believe the child's present |
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| environment may endanger
seriously his physical, mental, moral |
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| or emotional health.
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| (a-5) A motion to modify a custody judgment may be made at |
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| any time by a party who has been informed of the existence of |
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| facts requiring notice to be given under Section 609.5.
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| (b) The court shall not modify a prior custody judgment |
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| unless it finds by
clear and convincing evidence, upon the |
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| basis of facts that have arisen since
the prior judgment or |
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| that were unknown to the court at the time of entry of
the |
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| prior judgment, that a change has occurred in the circumstances |
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| of the
child or his custodian, or in the case of a joint |
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| custody arrangement that a
change has occurred in the |
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| circumstances of the child or either or both parties
having |
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| custody, and that the modification is necessary to serve the |
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| best
interest of the child. The existence of facts requiring |
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| notice to be given under Section 609.5 of this Act shall be |
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| considered a change in circumstance. In the case of joint |
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| custody, if the parties agree to a
termination of a joint |
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| custody arrangement, the court shall so terminate the
joint |
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| custody and make any modification which is in the child's best |
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| interest.
The court shall state in its decision specific |
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| findings of fact in support of
its modification or termination |
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| of joint custody if either parent opposes the
modification or |
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| termination.
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| (c) Attorney fees and costs shall be assessed against a |
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| party seeking
modification if the court finds that the |
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| modification action is vexatious
and constitutes harassment.
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| (d) Notice under this Section shall be given as provided in
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| subsections (c) and (d) of Section 601.
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| (Source: P.A. 87-1255.)
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