HB1165 94TH GENERAL ASSEMBLY

LRB094 04160 LCB 34182 b

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.

A BILL FOR

AN ACT concerning families.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 602 as follows:

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

Sec. 602. Best Interest of Child.

(a) The court shall determine custody in accordance with the best interest of the child. The court shall consider all relevant factors including:

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

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

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

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

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

(6) the physical violence or threat of physical violence by the child's potential custodian, whether directed against the child or directed against another person;

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

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

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

(a-5) In every custody preceding, 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 is is detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of the family violence.

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

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

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