MARRIAGE ACT-CHILD'S BEST INT
Summary
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that there is a rebuttable presumption that it is not in the best interest of a child to award custody to a parent who has been convicted of a crime that is in one of several designated categories (including battery, unlawful restraint, and stalking), convicted of a crime that resulted in serious physical injury to a family or household member, or determined by a court order to have violated an order of protection. The presumption can be rebutted by a preponderance of the evidence that the parent has completed a partner abuse program; alcohol and drug screening, if the court deems the screening to be appropriate, and alcohol or drug counseling or treatment, if applicable; all of the factors weigh in the parent's favor; and there is little likelihood of any future injury to the child. If the presumption is rebutted, the court shall state the evidence relied upon. If the presumption is not rebutted, custody shall be with the other parent, provided that is in the best interest of the child. If the presumptions for both parents are not rebutted, the court may award custody to one parent, if to do so is in the best interest of the child. Deletes from the list of relevant factors to consider in the determination of the best interest of the child, the willingness and ability of each parent to facilitate and encourage a continuing relationship between the other parent and the child.
Bill status
failed
1 of 4 stages cleared
Introduction
Jan 2006
Committee Review
Floor Vote
Governor
Introduced Jan 20, 2006
Last action Jan 9, 2007
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
0
Committee
1
Jan 9, 2007
Senate · Failed
Session Sine Die
Jan 20, 2006
Senate · Referred to committee
Referred to Rules
0 primary · 1 co-sponsor
Sponsors
Role
Legislator
Party
State
District
Co
William R. Haine
DDemocratic
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