Will equal parenting time for both divorcing parents become the rule of law in Illinois?

A state representative in Chicago has recently reintroduced House Bill 185 (HB 185) in the Illinois General Assembly. HB 185 proposes an amendment to the Illinois Marriage and Dissolution of Marriage Act to mandate a rebuttable presumption in favor of equal parenting time in every Illinois divorce and parentage case.

HB 185 also proposes that if the Court deviates from the rebuttable presumption, the Court must issue a written decision stating its specific findings of facts and conclusions of law in support of its ruling.

HB 185 further proposes the only exception to equal parenting time is if the parents present an agreed parenting plan providing for unequal parenting time, and the Judge approves the parenting plan.

HB 185 is currently being discussed in the Family Law Committee in the Illinois House of Representatives. We will continue to update you as more information is available. You can also follow HB 185 here.

Many organizations and Bar Associations oppose HB 185 because it undermines the best interests of children standard, which has governed decisions on parenting time for decades. HB 185 will virtually eliminate the Court’s ability to insure parenting time decisions are always made in the best interests of the children.

We welcome the opportunity to discuss your divorce or parentage case and offer a free consultation. Please call Nicholas J. Galasso at (630) 949-2061.

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