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Full Text of HB4077
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HB4077 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4077
Introduced 10/15/2025, by Rep. Rick Ryan
SYNOPSIS AS INTRODUCED:
750 ILCS 5/602.7
Amends the Illinois Marriage and Dissolution of Marriage Act.
Provides that when a child with a disability that substantially impairs
the child's ability to make independent decisions regarding parental
relationships reaches the age of majority, the court may allocate
parenting time by considering the specified factors as modified by the
child's capacity's and expressed preferences.
LRB104 14338 LNS 27471 b
A BILL FOR
HB4077
LRB104 14338 LNS 27471 b
1
AN ACT concerning civil law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Marriage and Dissolution of
5
Marriage Act is amended by changing Section 602.7 as follows:
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(750 ILCS 5/602.7)
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Sec. 602.7.
Allocation of parental responsibilities:
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parenting time.
9
(a) Best interests. The court shall allocate parenting
10
time according to the child's best interests.
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(b) Allocation of parenting time. Unless the parents
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present a mutually agreed written parenting plan and that plan
13
is approved by the court, the court shall allocate parenting
14
time. It is presumed both parents are fit and the court shall
15
not place any restrictions on parenting time as defined in
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Section 600 and described in Section 603.10, unless it finds
17
by a preponderance of the evidence that a parent's exercise of
18
parenting time would seriously endanger the child's physical,
19
mental, moral, or emotional health.
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In determining the child's best interests for purposes of
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allocating parenting time, the court shall consider all
22
relevant factors, including, without limitation, the
23
following:
HB4077
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LRB104 14338 LNS 27471 b
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(1) the wishes of each parent seeking parenting time;
2
(2) the wishes of the child, taking into account the
3
child's maturity and ability to express reasoned and
4
independent preferences as to parenting time;
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(3) the amount of time each parent spent performing
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caretaking functions with respect to the child in the 24
7
months preceding the filing of any petition for allocation
8
of parental responsibilities or, if the child is under 2
9
years of age, since the child's birth;
10
(4) any prior agreement or course of conduct between
11
the parents relating to caretaking functions with respect
12
to the child;
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(5) the interaction and interrelationship of the child
14
with his or her parents and siblings and with any other
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person who may significantly affect the child's best
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interests;
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(6) the child's adjustment to his or her home, school,
18
and community;
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(7) the mental and physical health of all individuals
20
involved;
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(8) the child's needs;
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(9) the distance between the parents' residences, the
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cost and difficulty of transporting the child, each
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parent's and the child's daily schedules, and the ability
25
of the parents to cooperate in the arrangement;
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(10) whether a restriction on parenting time is
HB4077
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LRB104 14338 LNS 27471 b
1
appropriate;
2
(11) the physical violence or threat of physical
3
violence by the child's parent directed against the child
4
or other member of the child's household;
5
(12) the willingness and ability of each parent to
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place the needs of the child ahead of his or her own needs;
7
(13) the willingness and ability of each parent to
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facilitate and encourage a close and continuing
9
relationship between the other parent and the child;
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(14) the occurrence of abuse against the child or
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other member of the child's household;
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(15) whether one of the parents is a convicted sex
13
offender or lives with a convicted sex offender and, if
14
so, the exact nature of the offense and what if any
15
treatment the offender has successfully participated in;
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the parties are entitled to a hearing on the issues raised
17
in this paragraph (15);
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(16) the terms of a parent's military family-care plan
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that a parent must complete before deployment if a parent
20
is a member of the United States Armed Forces who is being
21
deployed; and
22
(17) any other factor that the court expressly finds
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to be relevant.
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(c) In allocating parenting time, the court shall not
25
consider conduct of a parent that does not affect that
26
parent's relationship to the child.
HB4077
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LRB104 14338 LNS 27471 b
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(d) Upon motion, the court may allow a parent who is
2
deployed or who has orders to be deployed as a member of the
3
United States Armed Forces to designate a person known to the
4
child to exercise reasonable substitute visitation on behalf
5
of the deployed parent, if the court determines that
6
substitute visitation is in the best interests of the child.
7
In determining whether substitute visitation is in the best
8
interests of the child, the court shall consider all of the
9
relevant factors listed in subsection (b) of this Section and
10
apply those factors to the person designated as a substitute
11
for the deployed parent for visitation purposes. Visitation
12
orders entered under this subsection are subject to
13
subsections (e) and (f) of Section 602.9 and subsections (c)
14
and (d) of Section 603.10.
15
(e) If the street address of a parent is not identified
16
pursuant to Section 708 of this Act, the court shall require
17
the parties to identify reasonable alternative arrangements
18
for parenting time by the other parent including, but not
19
limited to, parenting time of the minor child at the residence
20
of another person or at a local public or private facility.
21
(f) When a child with a disability that substantially
22
impairs the child's ability to make independent decisions
23
regarding parental relationships reaches the age of majority,
24
the court may allocate parenting time by considering the
25
factors in subsection (b) as modified by the child's
26
capacity's and expressed preferences.
HB4077
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LRB104 14338 LNS 27471 b
1
(Source: P.A. 99-90, eff. 1-1-16
.)
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