PARENTAL EQUALITY PARENTING TIME BILL

 (750 ILCS 5/102)

(750 ILCS 5/102) (from Ch. 40, par. 102) Sec. 102. Purposes; Rules of Construction. This Act shall be liberally construed and applied to promote its underlying purposes, which are to:

 

PROPOSED CHANGES TO SEC. 102.7.A
NEW – (7)(A)(i) recognize that, in order to maximize the opportunity for a child to maintain and strengthen the child’s relationship with each parent, that the involvement of both parents for equal time is presumptively in the children’s best interests;

PROPOSED CHANGES TO SEC. 602.5

(750 ILCS 5/602.5)

(750 ILCS 5/602.5) Sec. 602.5. Allocation of parental responsibilities: decision-making. The court shall allocate decision-making responsibilities according to the child’s best interests. Nothing in this Act requires that each parent be allocated decision-making responsibilities;

 

 PROPOSED CHANGES TO SEC. 602.7

(750 ILCS 5/602.7 new) Sec. 602.7. Allocation of parental responsibilities: parenting time.

(a) Best interests. The court shall allocate parenting time according to the child’s best interests.

(b) Allocation of parenting time. Unless the parents present a mutually agreed written parenting plan and that plan is approved by the court, the court shall allocate parenting time. It is presumed that it is in the child’s best interests to award equal time to both parents. It is presumed both parents are fit and the court shall not place any restrictions on parenting time as defined in Section 600 and described in Section 603.10, unless it finds by a preponderance of the  clear and convincing evidence that a parent’s exercise of parenting time would seriously endanger the child’s physical, mental, moral, or emotional health. The court shall in writing, in its decision state specific findings of fact and conclusions of law in support of its ruling to deviate from the presumption. In determining the child’s best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following: 

PROPOSED CHANGES TO SEC. 602. 10.

(750 ILCS 5/602.10 new)  SEC.  602. 10. Parenting plan.

(e) Parents cannot agree on parenting plan. When parents fail to submit an agreed parenting plan, each parent must file and submit a written, signed parenting plan to the court within 120 days after the filing of an appearance, except for good cause shown. The court’s determination of parenting time should be based on the child’s best interests and it is presumed that it is in the child’s best interests to award equal time to both parents.  The filing of the plan may be excused by the court if:

PROPOSED CHANGES TO SEC. 603.10 (a)

(750 ILCS 5/603.10 new) Sec. 603.10.

Restriction of parental responsibilities.After a hearing, if the court finds by clear and convincing a preponderance of the evidence that a parent engaged in any conduct that seriously endangered the child’s mental, moral, or physical health or that significantly impaired the child’s emotional development, the court shall enter orders as necessary to protect the child. The court shall in writing, in its decision state specific findings of fact and conclusions of law in support of its ruling. Such orders may include, but are not limited to, orders for one or more of the following:

PROPOSED CHANGES TO SEC. 603.10 (a)(9)(b)

(9) any other constraints or conditions that the court deems necessary to provide for the child’s safety or welfare.

(b) The court may modify an order restricting parental responsibilities if, after a hearing, the court finds by a preponderance of the clear and convincing evidence that a modification is in the child’s best interests.