HB4961 104TH GENERAL ASSEMBLY

LRB104 20032 JRC 33483 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4961

Introduced , by Rep. Anne Stava

SYNOPSIS AS INTRODUCED:

750 ILCS 5/609.2
750 ILCS 5/609.3 new

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that if parent files a relocation petition seeking to move the child and submits a sworn statement with documentation stating the parent's lawful status expires within 180 days and there is an inability or difficulty renewing that parent's status substantially caused by the other parent's immigration-status coercion or withholding necessary documentation, then the court must set the relocation petition for hearing as soon as practicable but no less than 30 days from its filing. Defines "immigration-status coercion" as conduct by a parent intended to control or intimidate the other parent by: (1) withholding immigration documents needed to maintain lawful status; (2) refusing to provide information necessary to file or renew lawful status if that parent has unique access; or (3) threatening to report or cause reporting to immigration authorities. Amends the relocation provisions to incorporate immigration-status coercion as a criterion for the court to consider in a petition for relocation.

A BILL FOR

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 changing Section 609.2 and by adding Section 609.3 as follows:

(750 ILCS 5/609.2)

Sec. 609.2. Parent's relocation.

(a) A parent's relocation constitutes a substantial change in circumstances for purposes of Section 610.5.

(b) A parent who has been allocated a majority of parenting time or either parent who has been allocated equal parenting time may seek to relocate with a child.

(c) A parent intending a relocation, as that term is defined in paragraph (1), (2), or (3) of subsection (g) of Section 600 of this Act, must provide written notice of the relocation to the other parent under the parenting plan or allocation judgment. A copy of the notice required under this Section shall be filed with the clerk of the circuit court. The court may waive or seal some or all of the information required in the notice if there is a history of domestic violence.

(d) The notice must provide at least 60 days' written notice before the relocation unless such notice is impracticable (in which case written notice shall be given at the earliest date practicable) or unless otherwise ordered by the court. At a minimum, the notice must set forth the following:

(1) the intended date of the parent's relocation;

(2) the address of the parent's intended new residence, if known; and

(3) the length of time the relocation will last, if the relocation is not for an indefinite or permanent period.

The court may consider a parent's failure to comply with the notice requirements of this Section without good cause (i) as a factor in determining whether the parent's relocation is in good faith; and (ii) as a basis for awarding reasonable attorney's fees and costs resulting from the parent's failure to comply with these provisions.

(e) If the non-relocating parent signs the notice that was provided pursuant to subsection (c) and the relocating parent files the notice with the court, relocation shall be allowed without any further court action. The court shall modify the parenting plan or allocation judgment to accommodate a parent's relocation as agreed by the parents, as long as the agreed modification is in the child's best interests.

(f) If the non-relocating parent objects to the relocation, fails to sign the notice provided under subsection (c), or the parents cannot agree on modification of the parenting plan or allocation judgment, the parent seeking relocation must file a petition seeking permission to relocate.

(g) The court shall modify the parenting plan or allocation judgment in accordance with the child's best interests. The court shall consider the following factors:

(1) the circumstances and reasons for the intended relocation;

(2) the reasons, if any, why a parent is objecting to the intended relocation;

(3) the history and quality of each parent's relationship with the child and specifically whether a parent has substantially failed or refused to exercise the parental responsibilities allocated to him or her under the parenting plan or allocation judgment;

(4) the educational opportunities for the child at the existing location and at the proposed new location;

(5) the presence or absence of extended family at the existing location and at the proposed new location;

(6) the anticipated impact of the relocation on the child;

(7) whether the court will be able to fashion a reasonable allocation of parental responsibilities between all parents if the relocation occurs;

(8) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to relocation;

(9) possible arrangements for the exercise of parental responsibilities appropriate to the parents' resources and circumstances and the developmental level of the child;

(10) minimization of the impairment to a parent-child relationship caused by a parent's relocation; and

(11) any other relevant factors bearing on the child's best interests; and .

(12) whether a parent has engaged in immigration-status coercion or has withheld immigration-related documentation in a manner that is reasonably likely to cause the child to be separated from a parent, destabilize the child's primary caregiving, or otherwise negatively affect the child's safety and well-being.

(h) If a parent moves with the child 25 miles or less from the child's current primary residence to a new primary residence outside Illinois, Illinois continues to be the home state of the child under subsection (c) of Section 202 of the Uniform Child-Custody Jurisdiction and Enforcement Act. Any subsequent move from the new primary residence outside Illinois greater than 25 miles from the child's original primary residence in Illinois must be in compliance with the provisions of this Section.

(Source: P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/609.3 new)

Sec. 609.3. Immigration-status coercion.

(a) As used in this Act, "immigration-status coercion" is conduct by a parent intended to control or intimidate the other parent by:

(1) withholding immigration documents needed to maintain lawful status;

(2) refusing to provide information necessary to file or renew lawful status if that parent has unique access; or

(3) threatening to report or cause reporting to immigration authorities.

(b) If a relocating parent files a petition under Section 609.2 and submits a sworn statement with documentation stating the parent's lawful status expires within 180 days and there is an inability or difficulty renewing that parent's status substantially caused by the other parent's immigration-status coercion or withholding necessary documentation, then the court must set the relocation petition for hearing as soon as practicable but no less than 30 days from its filing.