Illinois House Bill 185 – 50/50 Custody Bill

Illinois House Bill 185 has been filed with the House of Representatives Clerk. The Bill would amend the Illinois Marriage and Dissolution of Marriage Act to allocate parenting time in a divorce or parentage case on a 50/50 basis unless the court finds, in a written order, reasons why such a schedule is not in the best interest of a child.

This bill dramatically alters the Illinois family law landscape by creating a legal presumption in favor of a 50/50 schedule rather than the current law that considers a number of factors in determining parenting schedules. While current law allows the court the discretion to award 50/50 parenting schedules, the amended law makes such an arrangement mandatory unless the parents present an agreed written parenting plan, and that plan is approved by the court. If the court deviates from this presumption, it requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling.