Concerned about pet custody in your divorce? Your Pro Legal Care LLC attorney can help you navigate the Illinois laws that govern your pets.
Illinois Pet Custody Law Change as of January 1, 2018
Along with the division of bank accounts, vehicles, and furniture, pets have been traditionally treated like regular assets in the division of a divorce. Although some judges were inclined to keep the pets with the children, the law generally treated pets like any other asset that needed to be divided in a divorce. Judges previously lacked direction in dividing pets, even though the issue of who gets the dog or cat has always had the potential to be a highly charged and hard fought as a pet custody issue rather than a property division. This is especially true when the parties have no human children and in cases where the pet held a special place in the family. Many have argued that cat or dog custody should be awarded to one party, with a parenting time schedule set out so that both parties can maintain a relationship with their furry friends.
With the new year, Illinois lawmakers have amended the Illinois Marriage and Dissolution of Marriage Act to include allocation of pets between divorcing couples in a manner similar to custody of children. Although some lawyers ahead of the curve prepared animal “parenting agreements” before the practice was codified, Winnebago County Courts will see an increase in the usage of these plans with the new additions to the law. Although some call them “man’s best friend,” most people consider their dogs to be more like family.
Pets as Family vs Pets as Property
Many family law judges, in the past, felt as if awarding the pet to one party or the other was the only option. Now, Illinois judges have essentially received a blessing from the state legislature to award rights of the pet to both parties. State senator Linda Holmes, of Aurora, Illinois, sponsored the new pet custody law stated, “If you are going before a judge, they’re allowed to take the best interest of the animal into consideration.” This also includes the relationship that pets have with children born to the marriage.
In the past, the treatment of dogs and cats like ordinary property caused unfair results, and divorcing parties who became vindictive with their pets faced little to no consequences. Without the pet custody provisions in the law in Illinois, long lasting relationships between humans and their pets often came to an unjust end. A Court order for temporary relief can put this to a stop, because the judge can grant you sole possession and responsibility of a pet during the interim period, after the divorce is filed but before the divorce is granted.
Best Interest of the Animal in Pet Custody Disagreements
The approach of the new pet custody law does not actually use the word “custody” but describes the right of parties to have “joint ownership” over their pets. This approach is somewhat of a hybrid, where some parts still treat animals like property and where other parts give more respect to the relationships that pets have with their owners. When the arrangements over pets are in dispute, the judge is required to take into consideration the well-being of the pets. This is the most important addition to the law on pets in a divorce, because, historically, judges were not required consider the best interest of the animal.
The Illinois law also provides terms for parties reaching an agreement over the shared responsibilities of pets that were acquired during the marriage, which is often how disputes over pets are resolved. When the parties unable to reach an agreement, the judge can now decide with new guidance. Here are some things the judge will consider:
- Who has the most time to spend with the pet?
- Who can provide the best environment for the pet?
- Which party does the pet have the strongest emotional attachment to?
- If children are involved, what is parenting time schedule in the Parenting Plan for the children?
- How will financial considerations (cost of food, vet bills, grooming, etc.) impact the pet?
The new law does not apply to service animals.
Pet custody issue? How can we help?
Other ways to address your rights to your pets include orders of protection, prenuptial agreements, and family court mediation. If you would like to speak to an attorney about how the laws affect your furbabies, please schedule a free consultation with Attorney Zachary Townsend today.
