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| 1 | AMENDMENT TO HOUSE BILL 712
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| 2 | AMENDMENT NO. ______. Amend House Bill 712, AS AMENDED, in | ||||||
| 3 | the introductory clause of Section 5, after "is amended by", by | ||||||
| 4 | inserting "changing Section 602 and"; and
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| 5 | in Section 5, immediately above Sec. 609.5, by inserting the | ||||||
| 6 | following:
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| 7 | "(750 ILCS 5/602) (from Ch. 40, par. 602)
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| 8 | Sec. 602. Best Interest of Child.
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| 9 | (a) The court shall determine
custody in accordance with | ||||||
| 10 | the best interest of the child. The court
shall consider all | ||||||
| 11 | relevant factors including:
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| 12 | (1) the wishes of the child's parent or parents as to | ||||||
| 13 | his custody;
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| 14 | (2) the wishes of the child as to his custodian;
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| 15 | (3) the interaction and interrelationship of the child | ||||||
| 16 | with his
parent or parents, his siblings and any other | ||||||
| 17 | person who may
significantly affect the child's best | ||||||
| 18 | interest;
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| 19 | (4) the child's adjustment to his home, school and | ||||||
| 20 | community;
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| 21 | (5) the mental and physical health of all individuals | ||||||
| 22 | involved;
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| 23 | (6) the physical violence or threat of physical | ||||||
| 24 | violence by the child's
potential custodian, whether | ||||||
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| 1 | directed against the child or directed against
another | ||||||
| 2 | person;
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| 3 | (7) the occurrence of ongoing abuse as defined in | ||||||
| 4 | Section 103 of the
Illinois Domestic Violence Act of 1986, | ||||||
| 5 | whether directed against the child
or directed against | ||||||
| 6 | another person; and
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| 7 | (8) the willingness and ability of each parent to | ||||||
| 8 | facilitate and
encourage a close and continuing | ||||||
| 9 | relationship between the other parent
and the child; and
.
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| 10 | (9) whether one of the parents is a sex offender.
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| 11 | In the case of a custody proceeding in which a stepparent | ||||||
| 12 | has standing
under Section 601, it is presumed to be in the | ||||||
| 13 | best interest of the minor child
that the natural parent have | ||||||
| 14 | the custody of the minor child unless the
presumption is | ||||||
| 15 | rebutted by the stepparent.
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| 16 | (b) The court shall not consider conduct of a present or | ||||||
| 17 | proposed
custodian that does not affect his relationship to the | ||||||
| 18 | child.
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| 19 | (c) Unless the court finds the occurrence of ongoing abuse | ||||||
| 20 | as defined
in Section 103 of the Illinois Domestic Violence Act | ||||||
| 21 | of 1986, the court
shall presume that the maximum involvement | ||||||
| 22 | and cooperation
of both parents regarding the physical, mental, | ||||||
| 23 | moral, and emotional
well-being of
their child is in the best | ||||||
| 24 | interest of the child. There shall be no
presumption in favor | ||||||
| 25 | of or against joint custody.
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| 26 | (Source: P.A. 90-782, eff. 8-14-98.)".
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