Public Act 094-0377
 		





SB0098 Enrolled
LRB094 05993 LCB 36050 b






    AN ACT concerning civil law.

 
    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 Sections 602 and 602.1 and 
by adding Section 601.5 as follows:
 
    (750 ILCS 5/601.5 new)

    Sec. 601.5. Training.  The chief circuit judge or designated 
presiding judge may approve 3 hours of training for guardian ad 
litems appointed under Section 601 of this Act, professional 
personnel appointed under Section 604 of this Act, evaluators 
appointed under Section 604.5 of this Act, and investigators 
appointed under Section 605 of this Act.  This training shall 
include a component on the dynamics of domestic violence and 
its effect on parents and children.
 



    (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 or repeated 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.

    (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.)


 



    (750 ILCS 5/602.1)  (from Ch. 40, par. 602.1)



    Sec. 602.1. (a) The dissolution of marriage, the 
declaration of
invalidity of marriage, the legal separation of 
the parents, or the parents
living separate and apart shall not 
diminish parental powers, rights, and
responsibilities except 
as the court for good reason may determine under
the standards 
of Section 602.

    (b) Upon the application of either or both parents, or upon 
its own motion,
the court shall consider an award of joint 
custody.  Joint custody means
custody determined pursuant to a 
Joint Parenting Agreement or a Joint Parenting
Order.  In such 
cases, the court shall initially request the parents to produce

a Joint Parenting Agreement.  Such Agreement shall specify each 
parent's
powers, rights and responsibilities for the personal 
care of the child and
for major decisions such as education, 
health care, and religious training.
 The Agreement shall 
further specify a procedure by which proposed changes,
disputes 
and alleged breaches may be mediated or otherwise resolved and

shall provide for a periodic review of its terms by the 
parents.  In
producing a Joint Parenting Agreement, the parents 
shall be flexible in
arriving at resolutions which further the 
policy of this State as expressed
in Sections 102 and 602.  For 
the purpose of assisting the court in making
a determination 
whether an award of joint custody is appropriate, the court
may 
order mediation and may direct that an investigation be 
conducted
pursuant to the provisions of Section 605.  If there 
is a danger to the health or safety of a partner, joint 
mediation shall not be required by the court. In the event the 
parents fail
to produce a Joint Parenting Agreement, the court 
may enter an appropriate
Joint Parenting Order under the 
standards of Section 602 which shall
specify and contain the 
same elements as a Joint Parenting Agreement, or it
may award 
sole custody under the standards of Sections 602, 607, and 608.

    (c) The court may enter an order of joint custody if it 
determines
that joint custody would be in the best interests of 
the child, taking into
account the following:


        (1) the ability of the parents to cooperate effectively 
    and
consistently in matters that directly affect the joint 
    parenting of the child.
"Ability of the parents
to 
    cooperate" means the parents' capacity to substantially 
    comply with a Joint
Parenting Order.  The court shall not 
    consider the inability of the parents to
cooperate 
    effectively and consistently in matters that do not 
    directly affect
the joint parenting of the child;


        (2) The residential circumstances of each parent; and


        (3) all other factors which may be relevant to the best 
    interest of the
child.

    (d) Nothing within this section shall imply or presume that 
joint
custody shall necessarily mean equal parenting time.  The 
physical
residence of the child in joint custodial situations 
shall be determined by:


        (1) express agreement of the parties; or


        (2) order of the court under the standards of this 
    Section.

    (e) Notwithstanding any other provision of law, access to 
records and
information pertaining to a child, including but 
not limited to medical,
dental, child care and school records, 
shall not be denied to a parent for
the reason that such parent 
is not the child's custodial parent; however,
no parent shall 
have access to the school records of a child if the parent
is 
prohibited by an order of protection from inspecting or 
obtaining such
records pursuant to the Illinois Domestic 
Violence Act of 1986, as now or
hereafter amended.

(Source: P.A. 88-409.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.