Full Text of HB3675 95th General Assembly
HB3675eng 95TH GENERAL ASSEMBLY
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HB3675 Engrossed |
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LRB095 10260 DRJ 32353 b |
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| AN ACT concerning civil law, which may be referred to as | 2 |
| the Child Homestead Stability Act.
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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 | 6 |
| Marriage Act is amended by changing Section 602.1 as follows:
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| (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
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| Sec. 602.1. (a) The dissolution of marriage, the | 9 |
| declaration of
invalidity of marriage, the legal separation of | 10 |
| the parents, or the parents
living separate and apart shall not | 11 |
| diminish parental powers, rights, and
responsibilities except | 12 |
| as the court for good reason may determine under
the standards | 13 |
| of Section 602.
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| (b) Upon the application of either or both parents, or upon | 15 |
| its own motion,
the court shall consider an award of joint | 16 |
| custody. Joint custody means
custody determined pursuant to a | 17 |
| Joint Parenting Agreement or a Joint Parenting
Order. In such | 18 |
| cases, the court shall initially request the parents to produce
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| a Joint Parenting Agreement. Such Agreement shall specify each | 20 |
| parent's
powers, rights and responsibilities for the personal | 21 |
| care of the child and
for major decisions such as education, | 22 |
| health care, and religious training.
The Agreement shall | 23 |
| further specify a procedure by which proposed changes,
disputes |
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LRB095 10260 DRJ 32353 b |
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| and alleged breaches may be mediated or otherwise resolved and
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| shall provide for a periodic review of its terms by the | 3 |
| parents. In
producing a Joint Parenting Agreement, the parents | 4 |
| shall be flexible in
arriving at resolutions which further the | 5 |
| policy of this State as expressed
in Sections 102 and 602. For | 6 |
| the purpose of assisting the court in making
a determination | 7 |
| whether an award of joint custody is appropriate, the court
may | 8 |
| order mediation and may direct that an investigation be | 9 |
| conducted
pursuant to the provisions of Section 605. If there | 10 |
| is a danger to the health or safety of a partner, joint | 11 |
| mediation shall not be required by the court. In the event the | 12 |
| parents fail
to produce a Joint Parenting Agreement, the court | 13 |
| may enter an appropriate
Joint Parenting Order under the | 14 |
| standards of Section 602 which shall
specify and contain the | 15 |
| same elements as a Joint Parenting Agreement, or it
may award | 16 |
| sole custody under the standards of Sections 602, 607, and 608.
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| (c) The court may enter an order of joint custody if it | 18 |
| determines
that joint custody would be in the best interests of | 19 |
| the child, taking into
account the following:
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| (1) the ability of the parents to cooperate effectively | 21 |
| and
consistently in matters that directly affect the joint | 22 |
| parenting of the child.
"Ability of the parents
to | 23 |
| cooperate" means the parents' capacity to substantially | 24 |
| comply with a Joint
Parenting Order. The court shall not | 25 |
| consider the inability of the parents to
cooperate | 26 |
| effectively and consistently in matters that do not |
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LRB095 10260 DRJ 32353 b |
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| directly affect
the joint parenting of the child;
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| (2) The residential circumstances of each parent; and
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| (3) all other factors which may be relevant to the best | 4 |
| interest of the
child.
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| (d) Nothing within this section shall imply or presume that | 6 |
| joint
custody shall necessarily mean equal parenting time. The | 7 |
| physical
residence of the child in joint custodial situations | 8 |
| shall be determined by:
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| (1) express agreement of the parties; or
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| (2) order of the court under the standards of this | 11 |
| Section.
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| (d-5) In a joint custodial situation, the parents of the | 13 |
| child may agree that the physical residence of the child shall | 14 |
| be the former marital residence and that one parent shall | 15 |
| reside at the residence with the child during the time that | 16 |
| that parent has physical custody of the child pursuant to the | 17 |
| Joint Parenting Agreement or Joint Parenting Order and the | 18 |
| other parent shall reside elsewhere during that time. This | 19 |
| subsection (d-5) may be referred to as the "child homestead | 20 |
| stability" provision of this Act.
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| (e) Notwithstanding any other provision of law, access to | 22 |
| records and
information pertaining to a child, including but | 23 |
| not limited to medical,
dental, child care and school records, | 24 |
| shall not be denied to a parent for
the reason that such parent | 25 |
| is not the child's custodial parent; however,
no parent shall | 26 |
| have access to the school records of a child if the parent
is |
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| prohibited by an order of protection from inspecting or | 2 |
| obtaining such
records pursuant to the Illinois Domestic | 3 |
| Violence Act of 1986, as now or
hereafter amended.
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| (Source: P.A. 94-377, eff. 7-29-05.)
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| Section 99. Effective date. This Act takes effect upon | 6 |
| becoming law.
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