Child Law

(Kelly Burke, D-Evergreen Park; Silverstein, D-Chicago) makes a legislative finding in the purpose and rules of construction section of the Marriage Act that to maximize the opportunity for each child to maintain and strengthen the child’s relationship with each parent, the child’s best interests may be served with a minimum amount of residential parenting time for each parent of not less than 35% of available residential parenting time. But this presumption regarding the minimum percentage of parenting time shall not, in and of itself, constitute a reason for deviation from the child support guidelines. Passed the House on a 69-36-1 vote.

(Kelly Burke, D-Evergreen Park) recognizes in the purpose and rules of construction section of the Marriage Act that to maximize the opportunity for each child to maintain and strengthen the child's relationship with each parent, the child's best interests may be served with a minimum amount of residential parenting time for each parent of not less than 35% of available residential parenting time. But this presumption regarding the minimum percentage of parenting time shall not, in and of itself, constitute a reason for deviation from the child support guidelines. This bill is being driven by the belief that fit parents are being denied appropriate parenting time by the judges because the "standard visitation schedule" that is awarded is always limited to Friday night to Sunday night every other week and three or four hours after school every other week. House Bill 1452 is scheduled for hearing in House Judiciary Committee next week for a final amendment to clean up the drafting and technical errors.

(Kelly Burke, D-Evergreen Park) recognizes in the purpose and rules of construction section of the Marriage Act that to maximize the opportunity for each child to maintain and strengthen the child's relationship with each parent, the child's best interests may be served with a minimum amount of residential parenting time for each parent of not less than 35% of available residential parenting time. But this presumption regarding the minimum percentage of parenting time shall not, in and of itself, constitute a reason for deviation from the child support guidelines. House Bill 1452 is scheduled for hearing in House Judiciary Committee tomorrow.

(Cabello, R-Rockford) creates three legislative presumptions in the Marriage Act affecting parenting time. (1) It creates a presumption in the purposes and rules of construction section that Illinois recognizes that the involvement of each parent for equal time and not less than 35% of residential parenting time per week is presumptively in the child’s best interests. (2) In the custody section, it creates a presumption that it is in the child’s best interests to award equal time to each parent. (3) But if the court doesn’t find it in the best interests to award equal time or not possible, “a minimum of 35% residential timer per week should be ordered for the non-custodial parent.” House Bill 5425 passed out of House Judiciary Committee yesterday and is on second reading in the House. The proponents testified that this bill was necessary because judges were refusing or failing to award equitable parenting time for both parents with their child or children.

(Silverstein, D-Chicago) provides that a guardian of an adult disabled ward's person and estate has the authority to commence proceedings, including, but not limited to, adoption, marriage, or dissolution of marriage proceedings, on behalf of the ward if the court finds the proceedings to be in the best interests of the ward. Scheduled for hearing this Tuesday in Senate Judiciary Committee.

(Silverstein, D-Chicago) amends the Probate Act of 1975 in the Section concerning a child's award. It replaces references to "adult dependent child" with "developmentally disabled child." Scheduled for hearing Tuesday in Senate Judiciary Committee.

(Brauer, R-Springfield) lifts the cap on the $25 court-services fee that a county may charge civil litigants and convicted defendants for courthouse security if there is an acceptable cost study prepared that justifies it. Scheduled for House Judiciary Committee Wednesday morning.