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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.
LRB104 20032 JRC 33483 b

A BILL FOR

HB4961
LRB104 20032 JRC 33483 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 609.2 and by
6
adding Section 609.3 as follows:

7

(750 ILCS 5/609.2)
8

Sec. 609.2.
Parent's relocation.

9

(a) A parent's relocation constitutes a substantial change
10
in circumstances for purposes of Section 610.5.
11

(b) A parent who has been allocated a majority of
12
parenting time or either parent who has been allocated equal
13
parenting time may seek to relocate with a child.
14

(c) A parent intending a relocation, as that term is
15
defined in paragraph (1), (2), or (3) of subsection (g) of
16
Section 600 of this Act, must provide written notice of the
17
relocation to the other parent under the parenting plan or
18
allocation judgment. A copy of the notice required under this
19
Section shall be filed with the clerk of the circuit court. The
20
court may waive or seal some or all of the information required
21
in the notice if there is a history of domestic violence.
22

(d) The notice must provide at least 60 days' written
23
notice before the relocation unless such notice is

HB4961
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LRB104 20032 JRC 33483 b
1
impracticable (in which case written notice shall be given at
2
the earliest date practicable) or unless otherwise ordered by
3
the court. At a minimum, the notice must set forth the
4
following:
5

(1) the intended date of the parent's relocation;
6

(2) the address of the parent's intended new
7

residence, if known; and
8

(3) the length of time the relocation will last, if
9

the relocation is not for an indefinite or permanent
10

period.
11

The court may consider a parent's failure to comply with
12
the notice requirements of this Section without good cause (i)
13
as a factor in determining whether the parent's relocation is
14
in good faith; and (ii) as a basis for awarding reasonable
15
attorney's fees and costs resulting from the parent's failure
16
to comply with these provisions.
17

(e) If the non-relocating parent signs the notice that was
18
provided pursuant to subsection (c) and the relocating parent
19
files the notice with the court, relocation shall be allowed
20
without any further court action. The court shall modify the
21
parenting plan or allocation judgment to accommodate a
22
parent's relocation as agreed by the parents, as long as the
23
agreed modification is in the child's best interests.
24

(f) If the non-relocating parent objects to the
25
relocation, fails to sign the notice provided under subsection
26
(c), or the parents cannot agree on modification of the

HB4961
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LRB104 20032 JRC 33483 b
1
parenting plan or allocation judgment, the parent seeking
2
relocation must file a petition seeking permission to
3
relocate.
4

(g) The court shall modify the parenting plan or
5
allocation judgment in accordance with the child's best
6
interests. The court shall consider the following factors:
7

(1) the circumstances and reasons for the intended
8

relocation;
9

(2) the reasons, if any, why a parent is objecting to
10

the intended relocation;
11

(3) the history and quality of each parent's
12

relationship with the child and specifically whether a
13

parent has substantially failed or refused to exercise the
14

parental responsibilities allocated to him or her under
15

the parenting plan or allocation judgment;
16

(4) the educational opportunities for the child at the
17

existing location and at the proposed new location;
18

(5) the presence or absence of extended family at the
19

existing location and at the proposed new location;
20

(6) the anticipated impact of the relocation on the
21

child;
22

(7) whether the court will be able to fashion a
23

reasonable allocation of parental responsibilities between
24

all parents if the relocation occurs;
25

(8) the wishes of the child, taking into account the
26

child's maturity and ability to express reasoned and

HB4961
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LRB104 20032 JRC 33483 b
1

independent preferences as to relocation;
2

(9) possible arrangements for the exercise of parental
3

responsibilities appropriate to the parents' resources and
4

circumstances and the developmental level of the child;
5

(10) minimization of the impairment to a parent-child
6

relationship caused by a parent's relocation;
and
7

(11) any other relevant factors bearing on the child's
8

best interests
; and

.
9

(12) whether a parent has engaged in
10

immigration-status coercion or has withheld
11

immigration-related documentation in a manner that is
12

reasonably likely to cause the child to be separated from
13

a parent, destabilize the child's primary caregiving, or
14

otherwise negatively affect the child's safety and
15

well-being.

16

(h) If a parent moves with the child 25 miles or less from
17
the child's current primary residence to a new primary
18
residence outside Illinois, Illinois continues to be the home
19
state of the child under subsection (c) of Section 202 of the
20
Uniform Child-Custody Jurisdiction and Enforcement Act. Any
21
subsequent move from the new primary residence outside
22
Illinois greater than 25 miles from the child's original
23
primary residence in Illinois must be in compliance with the
24
provisions of this Section.
25
(Source: P.A. 99-90, eff. 1-1-16
.)

HB4961
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LRB104 20032 JRC 33483 b
1

(750 ILCS 5/609.3 new)
2

Sec. 609.3.
Immigration-status coercion.
3

(a) As used in this Act, "immigration-status coercion" is
4
conduct by a parent intended to control or intimidate the
5
other parent by:
6

(1) withholding immigration documents needed to
7

maintain lawful status;
8

(2) refusing to provide information necessary to file
9

or renew lawful status if that parent has unique access;
10

or
11

(3) threatening to report or cause reporting to
12

immigration authorities.
13

(b) If a relocating parent files a petition under Section
14
609.2 and submits a sworn statement with documentation stating
15
the parent's lawful status expires within 180 days and there
16
is an inability or difficulty renewing that parent's status
17
substantially caused by the other parent's immigration-status
18
coercion or withholding necessary documentation, then the
19
court must set the relocation petition for hearing as soon as
20
practicable but no less than 30 days from its filing.

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