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Bill > HB4113


IL HB4113

IL HB4113
IMDMA-EQUAL PARENTING TIME


summary

Introduced
10/12/2017
In Committee
04/27/2018
Crossed Over
Passed
Dead
01/08/2019

Introduced Session

Potential new amendment
100th General Assembly

Bill Summary

Amends the Illinois Marriage and Dissolution of Marriage Act. To the list of purposes of the Act, adds recognizing that the involvement of each parent for equal time is presumptively in the children's best interests. Deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. Provides that it is presumed that it is in the child's best interests to award equal time to each parent. Provides that it is presumed that both parents are fit and the court shall not place any restrictions on parenting time unless it finds by clear and convincing evidence (instead of a preponderance of the evidence) that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health. In specified situations, requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling. Provides that the court may restrict or modify parental responsibilities after a showing of clear and convincing evidence (instead of a preponderance of the evidence) that the restriction or modification is warranted.

AI Summary

This bill amends the Illinois Marriage and Dissolution of Marriage Act to presumptively recognize that the involvement of each parent for equal time is in the children's best interests. The bill deletes language that previously did not require each parent to be allocated decision-making responsibilities. The bill also presumes that both parents are fit and the court shall not place any restrictions on parenting time unless it finds clear and convincing evidence (instead of a preponderance of the evidence) that a parent's exercise of parenting time would seriously endanger the child. In certain situations, the court must issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling. Additionally, the bill provides that the court may restrict or modify parental responsibilities after a showing of clear and convincing evidence (instead of a preponderance of the evidence) that the restriction or modification is warranted.

Committee Categories

Justice

Sponsors (16)

Last Action

Session Sine Die (on 01/08/2019)

bill text


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