HB 3904

Abstract

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that unless the court finds the occurrence of ongoing abuse, a history of abuse, or a significant incident of abuse (instead of unless the court finds the occurrence of ongoing abuse), the court shall presume that the maximum involvement and cooperation of the parents is in the best interest of the child. Provides that a finding of such abuse creates a presumption against joint custody which may be rebutted by evidence of substantial steps taken to minimize the potential for abuse of the custodial parent or the minor child. Provides that the burden of proving that removal of a child from Illinois is in the best interests of the child is on the party seeking the removal unless the court finds ongoing abuse, a history of abuse, or a significant incident of abuse against the custodial parent or child (instead of the burden is on the party seeking the removal). Provides that if the removal request is based on abuse and the court grants the removal, the custodial parent shall not be required to provide his or her address or phone to the non-custodial parent and an alternative means of contact may be ordered. Provides that a court finding of ongoing abuse, a history of abuse, or a significant incident of abuse creates a presumption against visitation which may be rebutted by evidence of substantial steps taken to minimize the potential for abuse of the custodial parent or the minor child. Provides that before a minor child is temporarily removed from the State, contact information must be furnished to the other parent, unless this would create a significant risk of substantial harm to the custodial parent or the minor child (instead of contact information must be furnished to the other parent).