HB5089 96TH GENERAL ASSEMBLY

LRB096 18844 AJO 34230 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5089

Introduced 1/29/2010, by Rep. Daniel V. Beiser

SYNOPSIS AS INTRODUCED:

755 ILCS 5/11-7

from Ch. 110 1/2, par. 11-7

Amends the Probate Act of 1975. Provides that in regard to a petition for the appointment of a guardian of a minor, if both parents of a minor are fit persons and willing and able to make and carry out day-to-day child care decisions concerning the minor (instead of if both parents of a minor are living and are competent to transact their own business and are fit persons), they are entitled to the custody of the person of the minor and the direction of his education. If one parent is dead and the surviving parent is a fit person and is willing and able to make and carry out day-to-day child care decisions concerning the minor (instead of if one parent is dead and the surviving parent is competent to transact his own business and is a fit person), he or she is similarly entitled.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Probate Act of 1975 is amended by changing Section 11-7 as follows:

(755 ILCS 5/11-7) (from Ch. 110 1/2, par. 11-7)

Sec. 11-7. Parental right to custody.) In regard to a petition for the appointment of a guardian of a minor, if If both parents of a minor are living and are competent to transact their own business and are fit persons and willing and able to make and carry out day-to-day child care decisions concerning the minor, they are entitled to the custody of the person of the minor and the direction of his education. If one parent is dead and the surviving parent is competent to transact his own business and is a fit person and is willing and able to make and carry out day-to-day child care decisions concerning the minor, he or she is similarly entitled. The parents have equal powers, rights and duties concerning the minor. If the parents live apart, the court for good reason may award the custody and education of the minor to either parent or to some other person.

(Source: P.A. 79-328.)