HB2283 Engrossed

LRB096 09929 AJO 20093 b






1
    AN ACT concerning civil law.

 
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 Sections 602 and 610 as 
6
follows:
 



7
    (750 ILCS 5/602)  (from Ch. 40, par. 602)



8
    Sec. 602. Best Interest of Child. 

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:


12
        (1) the wishes of the child's parent or parents as to 
13
    his custody;


14
        (2) the wishes of the child as to his custodian;


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;


19
        (4) the child's adjustment to his home, school and 
20
    community;


21
        (5) the mental and physical health of all individuals 
22
    involved;


23
        (6) the physical violence or threat of physical 
 


 






HB2283 Engrossed
- 2 -
LRB096 09929 AJO 20093 b




1
    violence by the child's
potential custodian, whether 
2
    directed against the child or directed against
another 
3
    person;


4
        (7) the occurrence of ongoing or repeated  abuse as 
5
    defined in Section 103 of the
Illinois Domestic Violence 
6
    Act of 1986, whether directed against the child
or directed 
7
    against another person;


8
        (8) the willingness and ability of each parent to 
9
    facilitate and
encourage a close and continuing 
10
    relationship between the other parent
and the child; and

11
        (9) whether one of the parents is a sex offender.

12
    In the case of a custody proceeding in which a stepparent 
13
has standing
under Section 601, it is presumed to be in the 
14
best interest of the minor child
that the natural parent have 
15
the custody of the minor child unless the
presumption is 
16
rebutted by the stepparent.

17
    (b) The court shall not consider conduct of a present or 
18
proposed
custodian that does not affect his relationship to the 
19
child.

20
    (c) Unless the court finds the occurrence of ongoing abuse 
21
as defined
in Section 103 of the Illinois Domestic Violence Act 
22
of 1986, the court
shall presume that the maximum involvement 
23
and cooperation
of both parents regarding the physical, mental, 
24
moral, and emotional
well-being of
their child is in the best 
25
interest of the child.  There shall be no
presumption in favor 
26
of or against joint custody.

 


 






HB2283 Engrossed
- 3 -
LRB096 09929 AJO 20093 b




1
    (d) The court shall not consider the military deployment of 
2
a present or proposed custodian. 
3
(Source: P.A. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06; 
4
95-331, eff. 8-21-07.)

 



5
    (750 ILCS 5/610)  (from Ch. 40, par. 610)



6
    Sec. 610. Modification. 

7
    (a) Unless by stipulation of the parties or except as 
8
provided in subsection (a-5), no motion
to modify a custody 
9
judgment may be made earlier than 2 years after its
date, 
10
unless the court permits it to be made on the basis of 
11
affidavits
that there is reason to believe the child's present 
12
environment may endanger
seriously his physical, mental, moral 
13
or emotional health.

14
    (a-5) A motion to modify a custody judgment may be made at 
15
any time by a party who has been informed of the existence of 
16
facts requiring notice to be given under Section 609.5.

17
    (b) The court shall not modify a prior custody judgment 
18
unless it finds by
clear and convincing evidence, upon the 
19
basis of facts that have arisen since
the prior judgment or 
20
that were unknown to the court at the time of entry of
the 
21
prior judgment, that a change has occurred in the circumstances 
22
of the
child or his custodian, or in the case of a joint 
23
custody arrangement that a
change has occurred in the 
24
circumstances of the child or either or both parties
having 
25
custody, and that the modification is necessary to serve the 
 


 






HB2283 Engrossed
- 4 -
LRB096 09929 AJO 20093 b




1
best
interest of the child.  The existence of facts requiring 
2
notice to be given under Section 609.5 of this Act shall be 
3
considered a change in circumstance. In the case of joint 
4
custody, if the parties agree to a
termination of a joint 
5
custody arrangement, the court shall so terminate the
joint 
6
custody and make any modification which is in the child's best 
7
interest.
The court shall state in its decision specific 
8
findings of fact in support of
its modification or termination 
9
of joint custody if either parent opposes the
modification or 
10
termination.

11
    (c) Attorney fees and costs shall be assessed against a 
12
party seeking
modification if the court finds that the 
13
modification action is vexatious
and constitutes harassment.

14
    (d) Notice under this Section shall be given as provided in

15
subsections (c) and (d) of Section 601.

16
    (e) The court shall not permanently modify a prior custody 
17
judgment while an active duty military member is deployed.  
18
"Active-duty military member" means, for purposes of this 
19
Section, a person who is currently serving on active duty as a 
20
member of the Armed Forces of the United States, the Illinois 
21
National Guard, or any reserve component of the Armed Forces of 
22
the United States. 
23
(Source: P.A. 94-643, eff. 1-1-06.)