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Illinois House Bill HB0041

Illinois 2023-2024 Regular Session

Illinois House Bill HB0041 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0041 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 750 ILCS 5/602.5750 ILCS 5/602.7 Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. Provides that it is presumed that fit parents act in the best interests of their children. Deletes language providing that in determining the child's best interests for purposes of allocating parenting time, the court shall consider the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities, or, if the child is under 2 years of age, since the child's birth. LRB103 03513 LNS 48519 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0041 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED: 750 ILCS 5/602.5750 ILCS 5/602.7 750 ILCS 5/602.5 750 ILCS 5/602.7 Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. Provides that it is presumed that fit parents act in the best interests of their children. Deletes language providing that in determining the child's best interests for purposes of allocating parenting time, the court shall consider the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities, or, if the child is under 2 years of age, since the child's birth. LRB103 03513 LNS 48519 b LRB103 03513 LNS 48519 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0041 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
33 750 ILCS 5/602.5750 ILCS 5/602.7 750 ILCS 5/602.5 750 ILCS 5/602.7
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66 Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. Provides that it is presumed that fit parents act in the best interests of their children. Deletes language providing that in determining the child's best interests for purposes of allocating parenting time, the court shall consider the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities, or, if the child is under 2 years of age, since the child's birth.
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1212 1 AN ACT concerning civil law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Illinois Marriage and Dissolution of
1616 5 Marriage Act is amended by changing Sections 602.5 and 602.7
1717 6 as follows:
1818 7 (750 ILCS 5/602.5)
1919 8 Sec. 602.5. Allocation of parental responsibilities:
2020 9 decision-making.
2121 10 (a) Generally. The court shall allocate decision-making
2222 11 responsibilities according to the child's best interests.
2323 12 Nothing in this Act requires that each parent be allocated
2424 13 decision-making responsibilities.
2525 14 (b) Allocation of significant decision-making
2626 15 responsibilities. Unless the parents otherwise agree in
2727 16 writing on an allocation of significant decision-making
2828 17 responsibilities, or the issue of the allocation of parental
2929 18 responsibilities has been reserved under Section 401, the
3030 19 court shall make the determination. The court shall allocate
3131 20 to one or both of the parents the significant decision-making
3232 21 responsibility for each significant issue affecting the child.
3333 22 Those significant issues shall include, without limitation,
3434 23 the following:
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3838 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB0041 Introduced , by Rep. La Shawn K. Ford SYNOPSIS AS INTRODUCED:
3939 750 ILCS 5/602.5750 ILCS 5/602.7 750 ILCS 5/602.5 750 ILCS 5/602.7
4040 750 ILCS 5/602.5
4141 750 ILCS 5/602.7
4242 Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. Provides that it is presumed that fit parents act in the best interests of their children. Deletes language providing that in determining the child's best interests for purposes of allocating parenting time, the court shall consider the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities, or, if the child is under 2 years of age, since the child's birth.
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7171 1 (1) Education, including the choice of schools and
7272 2 tutors.
7373 3 (2) Health, including all decisions relating to the
7474 4 medical, dental, and psychological needs of the child and
7575 5 to the treatments arising or resulting from those needs.
7676 6 (3) Religion, subject to the following provisions:
7777 7 (A) The court shall allocate decision-making
7878 8 responsibility for the child's religious upbringing in
7979 9 accordance with any express or implied agreement
8080 10 between the parents.
8181 11 (B) The court shall consider evidence of the
8282 12 parents' past conduct as to the child's religious
8383 13 upbringing in allocating decision-making
8484 14 responsibilities consistent with demonstrated past
8585 15 conduct in the absence of an express or implied
8686 16 agreement between the parents.
8787 17 (C) The court shall not allocate any aspect of the
8888 18 child's religious upbringing if it determines that the
8989 19 parents do not or did not have an express or implied
9090 20 agreement for such religious upbringing or that there
9191 21 is insufficient evidence to demonstrate a course of
9292 22 conduct regarding the child's religious upbringing
9393 23 that could serve as a basis for any such order.
9494 24 (4) Extracurricular activities.
9595 25 (c) Determination of child's best interests. In
9696 26 determining the child's best interests for purposes of
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107107 1 allocating significant decision-making responsibilities, the
108108 2 court shall consider all relevant factors, including, without
109109 3 limitation, the following:
110110 4 (1) the wishes of the child, taking into account the
111111 5 child's maturity and ability to express reasoned and
112112 6 independent preferences as to decision-making;
113113 7 (2) the child's adjustment to his or her home, school,
114114 8 and community;
115115 9 (3) the mental and physical health of all individuals
116116 10 involved;
117117 11 (4) the ability of the parents to cooperate to make
118118 12 decisions, or the level of conflict between the parties
119119 13 that may affect their ability to share decision-making;
120120 14 (5) the level of each parent's participation in past
121121 15 significant decision-making with respect to the child;
122122 16 (6) any prior agreement or course of conduct between
123123 17 the parents relating to decision-making with respect to
124124 18 the child;
125125 19 (7) the wishes of the parents;
126126 20 (8) the child's needs;
127127 21 (9) the distance between the parents' residences, the
128128 22 cost and difficulty of transporting the child, each
129129 23 parent's and the child's daily schedules, and the ability
130130 24 of the parents to cooperate in the arrangement;
131131 25 (10) whether a restriction on decision-making is
132132 26 appropriate under Section 603.10;
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143143 1 (11) the willingness and ability of each parent to
144144 2 facilitate and encourage a close and continuing
145145 3 relationship between the other parent and the child;
146146 4 (12) the physical violence or threat of physical
147147 5 violence by the child's parent directed against the child;
148148 6 (13) the occurrence of abuse against the child or
149149 7 other member of the child's household;
150150 8 (14) whether one of the parents is a sex offender, and
151151 9 if so, the exact nature of the offense and what, if any,
152152 10 treatment in which the parent has successfully
153153 11 participated; and
154154 12 (15) any other factor that the court expressly finds
155155 13 to be relevant.
156156 14 (d) A parent shall have sole responsibility for making
157157 15 routine decisions with respect to the child and for emergency
158158 16 decisions affecting the child's health and safety during that
159159 17 parent's parenting time.
160160 18 (e) In allocating significant decision-making
161161 19 responsibilities, the court shall not consider conduct of a
162162 20 parent that does not affect that parent's relationship to the
163163 21 child.
164164 22 (Source: P.A. 99-90, eff. 1-1-16.)
165165 23 (750 ILCS 5/602.7)
166166 24 Sec. 602.7. Allocation of parental responsibilities:
167167 25 parenting time.
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178178 1 (a) Best interests. The court shall allocate parenting
179179 2 time according to the child's best interests.
180180 3 (b) Allocation of parenting time. Unless the parents
181181 4 present a mutually agreed written parenting plan and that plan
182182 5 is approved by the court, the court shall allocate parenting
183183 6 time. It is presumed both parents are fit and fit parents act
184184 7 in the best interests of their children, therefore the court
185185 8 shall not place any restrictions on parenting time as defined
186186 9 in Section 600 and described in Section 603.10, unless it
187187 10 finds by a preponderance of the evidence that a parent's
188188 11 exercise of parenting time would seriously endanger the
189189 12 child's physical, mental, moral, or emotional health.
190190 13 In determining the child's best interests for purposes of
191191 14 allocating parenting time, the court shall consider all
192192 15 relevant factors, including, without limitation, the
193193 16 following:
194194 17 (1) the wishes of each parent seeking parenting time;
195195 18 (2) the wishes of the child, taking into account the
196196 19 child's maturity and ability to express reasoned and
197197 20 independent preferences as to parenting time;
198198 21 (3) (blank); the amount of time each parent spent
199199 22 performing caretaking functions with respect to the child
200200 23 in the 24 months preceding the filing of any petition for
201201 24 allocation of parental responsibilities or, if the child
202202 25 is under 2 years of age, since the child's birth;
203203 26 (4) any prior agreement or course of conduct between
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214214 1 the parents relating to caretaking functions with respect
215215 2 to the child;
216216 3 (5) the interaction and interrelationship of the child
217217 4 with his or her parents and siblings and with any other
218218 5 person who may significantly affect the child's best
219219 6 interests;
220220 7 (6) the child's adjustment to his or her home, school,
221221 8 and community;
222222 9 (7) the mental and physical health of all individuals
223223 10 involved;
224224 11 (8) the child's needs;
225225 12 (9) the distance between the parents' residences, the
226226 13 cost and difficulty of transporting the child, each
227227 14 parent's and the child's daily schedules, and the ability
228228 15 of the parents to cooperate in the arrangement;
229229 16 (10) whether a restriction on parenting time is
230230 17 appropriate;
231231 18 (11) the physical violence or threat of physical
232232 19 violence by the child's parent directed against the child
233233 20 or other member of the child's household;
234234 21 (12) the willingness and ability of each parent to
235235 22 place the needs of the child ahead of his or her own needs;
236236 23 (13) the willingness and ability of each parent to
237237 24 facilitate and encourage a close and continuing
238238 25 relationship between the other parent and the child;
239239 26 (14) the occurrence of abuse against the child or
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250250 1 other member of the child's household;
251251 2 (15) whether one of the parents is a convicted sex
252252 3 offender or lives with a convicted sex offender and, if
253253 4 so, the exact nature of the offense and what if any
254254 5 treatment the offender has successfully participated in;
255255 6 the parties are entitled to a hearing on the issues raised
256256 7 in this paragraph (15);
257257 8 (16) the terms of a parent's military family-care plan
258258 9 that a parent must complete before deployment if a parent
259259 10 is a member of the United States Armed Forces who is being
260260 11 deployed; and
261261 12 (17) any other factor that the court expressly finds
262262 13 to be relevant.
263263 14 (c) In allocating parenting time, the court shall not
264264 15 consider conduct of a parent that does not affect that
265265 16 parent's relationship to the child.
266266 17 (d) Upon motion, the court may allow a parent who is
267267 18 deployed or who has orders to be deployed as a member of the
268268 19 United States Armed Forces to designate a person known to the
269269 20 child to exercise reasonable substitute visitation on behalf
270270 21 of the deployed parent, if the court determines that
271271 22 substitute visitation is in the best interests of the child.
272272 23 In determining whether substitute visitation is in the best
273273 24 interests of the child, the court shall consider all of the
274274 25 relevant factors listed in subsection (b) of this Section and
275275 26 apply those factors to the person designated as a substitute
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286286 1 for the deployed parent for visitation purposes. Visitation
287287 2 orders entered under this subsection are subject to
288288 3 subsections (e) and (f) of Section 602.9 and subsections (c)
289289 4 and (d) of Section 603.10.
290290 5 (e) If the street address of a parent is not identified
291291 6 pursuant to Section 708 of this Act, the court shall require
292292 7 the parties to identify reasonable alternative arrangements
293293 8 for parenting time by the other parent including, but not
294294 9 limited to, parenting time of the minor child at the residence
295295 10 of another person or at a local public or private facility.
296296 11 (Source: P.A. 99-90, eff. 1-1-16.)
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