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| Public Act 096-0676 |
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AN ACT concerning civil law.
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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 | ||||
Marriage Act is amended by changing Sections 602 and 610 as | ||||
follows:
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(750 ILCS 5/602) (from Ch. 40, par. 602)
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Sec. 602. Best Interest of Child.
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(a) The court shall determine
custody in accordance with | ||||
the best interest of the child. The court
shall consider all | ||||
relevant factors including:
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(1) the wishes of the child's parent or parents as to | ||||
his custody;
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(2) the wishes of the child as to his custodian;
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(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;
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(4) the child's adjustment to his home, school and | ||||
community;
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(5) the mental and physical health of all individuals | ||||
involved;
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(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;
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(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;
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(8) the willingness and ability of each parent to | ||
facilitate and
encourage a close and continuing | ||
relationship between the other parent
and the child; and
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(9) whether one of the parents is a sex offender; and .
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(10) the terms of a parent's military family-care plan | ||
that a parent must complete before deployment if a parent | ||
is a member of the United States Armed Forces who is being | ||
deployed. | ||
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.
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(b) The court shall not consider conduct of a present or | ||
proposed
custodian that does not affect his relationship to the | ||
child.
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(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.
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(Source: P.A. 94-377, eff. 7-29-05; 94-643, eff. 1-1-06; | ||
95-331, eff. 8-21-07.)
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(750 ILCS 5/610) (from Ch. 40, par. 610)
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Sec. 610. Modification.
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(a) Unless by stipulation of the parties or except as | ||
provided in subsection (a-5), no motion
to modify a custody | ||
judgment may be made earlier than 2 years after its
date, | ||
unless the court permits it to be made on the basis of | ||
affidavits
that there is reason to believe the child's present | ||
environment may endanger
seriously his physical, mental, moral | ||
or emotional health.
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(a-5) A motion to modify a custody judgment may be made at | ||
any time by a party who has been informed of the existence of | ||
facts requiring notice to be given under Section 609.5.
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(b) The court shall not modify a prior custody judgment | ||
unless it finds by
clear and convincing evidence, upon the | ||
basis of facts that have arisen since
the prior judgment or | ||
that were unknown to the court at the time of entry of
the | ||
prior judgment, that a change has occurred in the circumstances | ||
of the
child or his custodian, or in the case of a joint | ||
custody arrangement that a
change has occurred in the | ||
circumstances of the child or either or both parties
having | ||
custody, and that the modification is necessary to serve the | ||
best
interest of the child. The existence of facts requiring | ||
notice to be given under Section 609.5 of this Act shall be | ||
considered a change in circumstance. In the case of joint | ||
custody, if the parties agree to a
termination of a joint | ||
custody arrangement, the court shall so terminate the
joint | ||
custody and make any modification which is in the child's best | ||
interest.
The court shall state in its decision specific | ||
findings of fact in support of
its modification or termination | ||
of joint custody if either parent opposes the
modification or | ||
termination.
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(c) Attorney fees and costs shall be assessed against a | ||
party seeking
modification if the court finds that the | ||
modification action is vexatious
and constitutes harassment.
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(d) Notice under this Section shall be given as provided in
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subsections (c) and (d) of Section 601.
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(e) A party's absence, relocation, or failure to comply | ||
with the court's orders on custody, visitation, or parenting | ||
time may not, by itself, be sufficient to justify a | ||
modification of a prior order if the reason for the absence, | ||
relocation, or failure to comply is the party's deployment as a | ||
member of the United States Armed Forces. | ||
(Source: P.A. 94-643, eff. 1-1-06.)
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