Legal Question in Family Law in Illinois

I believe this is what you are referring to. There is nothing here that gives the non-residential parent the right to approve or disapprove of the residential parent's choice of caregiver. It only requires that the non-residential parent be given the opportunity to provide childcare in the event the child is to be left in the care of a third party for a substantial amount of time. No definition of "substantial" is given. Also, this statute gives the court the right to consider making such a ruling when awarding joint custody or visitation rights in the event the parties cannot agree on how this is to be done.

HB2992 Enrolled LRB098 07270 HEP 41552 b

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of

Marriage Act is amended by adding Section 602.3 as follows:

(750 ILCS 5/602.3 new)

Sec. 602.3. Care of minor children; right of first refusal.

(a) If the court awards joint custody under Section 602.1

or visitation rights under Section 607, the court may consider,

consistent with the best interest of the child as defined in

Section 602, whether to award to one or both of the parties the

right of first refusal to provide child care for the minor

child or children during the other parent's normal parenting

time, unless the need for child care is attributable to an

emergency.

(b) As used in this Section, "right of first refusal" means

that if a party intends to leave the minor child or children

with a substitute child-care provider for a significant period

of time, that party must first offer the other party an

opportunity to personally care for the minor child or children.

The parties may agree to a right of first refusal that is

consistent with the best interest of the minor child or

children. If there is no agreement and the court determines

that a right of first refusal is in the best interest of the

minor child or children, the court shall consider and make

provisions in its order for:

(1) the length and kind of child-care requirements

invoking the right of first refusal;

(2) notification to the other parent and for his or her

response;

(3) transportation requirements; and

(4) any other action necessary to protect and promote

the best interest of the minor child or children.

(c) The right of first refusal may be enforced under

Section 607.1 of this Act.

(d) The right of first refusal is terminated upon the

termination of custody or visitation rights.

Effective Date: 1/1/2014