94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB1165


 
Introduced 02/08/05, by Rep. Sandra M. Pihos - Patricia R. Bellock
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that, in custody determinations, a determination by the court that domestic or family violence has occurred, as defined in Section 103 of the Illinois Domestic Violence Act of 1986, raises a rebuttable presumption that it is detrimental to the child and not in the best interest of the child to be placed in sole custody with the perpetrator of the family violence.
















LRB094 04160 LCB 34182 b

















 


 


A BILL FOR









 











HB1165

LRB094 04160 LCB 34182 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 
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Marriage Act is amended  by changing Section 602 as follows:
 



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



7
    Sec. 602. Best Interest of Child. 

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    (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:


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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 
17
    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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    relationship between the other parent
and the child.

 


 






HB1165
- 2 -
LRB094 04160 LCB 34182 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.

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    (a-5) In every custody preceding, a determination by the 
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court that domestic or family violence has occurred, as defined 
8
in Section 103 of the Illinois Domestic Violence Act of 1986, 
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raises a rebuttable presumption that is is detrimental to the 
10
child and not in the best interest of the child to be placed in 
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sole custody, joint legal custody, or joint physical custody 
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with the perpetrator of the family violence.

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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 
15
child.

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    (c) Unless the court finds the occurrence of ongoing abuse 
17
as defined
in Section 103 of the Illinois Domestic Violence Act 
18
of 1986, the court
shall presume that the maximum involvement 
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and cooperation
of both parents regarding the physical, mental, 
20
moral, and emotional
well-being of
their child is in the best 
21
interest of the child.  There shall be no
presumption in favor 
22
of or against joint custody.

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