Illinois HB620

February 15, 2020 by Zack Teague, Chair, National Parents Organization of Illinois 

For many years now, as most Illinoisians are aware, Representative Ford, a democrat from the 8th district, has sponsored bills attempting to amend the Illinois Marriage and Dissolution of Marriage Act. The 102nd General Assembly is no exception. This legislative season Representative Ford presents House Bill-620. Perhaps the least adversarial language that can arrive on the Governor's desk. A review of the Current Law and the Proposed Amendments proves that if this bill passes it will be one small step in the right direction to put an end to Illinois law depriving children of one of their parents. 

Let's look at what the new law would look like upon passage of HB-620. 

The language of the bill is as follows: 

“Amends the Illinois Marriage and Dissolution of Marriage Act. Deletes language providing that nothing in the Act requires that each parent be allocated decision-making responsibilities. Provides that it is presumed that fit parents act in the best interests of their children. Deletes language providing that in determining the child's best interests for purposes of allocating parenting time, the court shall consider the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities, or, if the child is under 2 years of age, since the child's birth.”

The bill addresses specifically 750 ILCS 5/602.5 concerning the allocation of parental responsibilities: decision-making. 

Amending the language as follows: 

Below is the original language of the Law, including the removal of the sections as proposed by HB-620.

Sec. 602.5. Allocation of parental responsibilities: decision-making.

    (a) Generally. 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.

    (b) Allocation of significant decision-making responsibilities. Unless the parents otherwise agree in writing on an allocation of significant decision-making responsibilities, or the issue of the allocation of parental responsibilities has been reserved under Section 401, the court shall make the determination. The court shall allocate to one or both of the parents the significant decision-making responsibility for each significant issue affecting the child. Those significant issues shall include, without limitation, the following:....... The section continues with the factors associated with considering the allocation of decision-making. 

The bill addresses specifically 750 ILCS 5/602.7 concerning the allocation of parental responsibilities: Parenting-time.

Amending the Language as follows:

Below is the original language of the Law, Including the removal of the section as proposed byHB-620, and includes the additional language as proposed. 

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 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 evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health. (ADDS THIS LANGUAGE: “it is presumed that fit parents act in the best interests of their children.”)

    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: 

(1) the wishes of each parent seeking parenting time;

        (2) the wishes of the child, taking into account the

child's maturity and ability to express reasoned and independent preferences as to parenting time;

        (3) the amount of time each parent spent performing

caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;

        (4) any prior agreement or course of conduct between

the parents relating to caretaking functions with respect to the child;....... The section of the law follows with the remainder of the best interest factors. 

With the addition of these amendments, the removals and the additions, the Illinois Marriage and Dissolution of Marriage Act becomes slightly better for Children in Illinois. 

The children of a parent who has been estranged for a period of 24 months no longer faces an uphill battle to become a participating parent. The presumption of the behavior of “fit parents” ensures that no restriction except for a finding of parental unfitness can restrict a parent when considering parenting time. The removal of language that previously affirmed that it was perfectly normal for only one parent to have decision making authority, provides for the ability of both parents to secure joint decision making.

While this writer believes that Children in Illinois deserve better, we can hope that we can take this right step and achieve these changes, or amend the proposal and fight for what children do deserve, however we could lose the passage of this bill in the process. 

Parents in Illinois need to stand united in defense of our children's best interest, no matter what authority claims to know what that best interest is.