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Table of Contents
In recent years, the concept of pet custody has become an increasingly important issue as more and more people consider their pets not just animals, but beloved family members. This shift in perspective has led to important questions surrounding who gets to keep the family pet after a breakup or divorce. If you’re a pet owner in Illinois and you’re going through a separation, you might wonder: what happens to your furry friend? In this blog post, we’ll break down everything you need to know about pet custody laws in Illinois.
Are Pets Considered Property in Illinois?
Under Illinois law, pets are traditionally classified as property, which means that they are subject to the same legal treatment as personal possessions like a car or furniture. This classification can complicate matters during a divorce or separation because the pet doesn’t have the same legal status as a child, for whom custody and visitation rights can be established.
However, Illinois courts are beginning to recognize that pets hold significant emotional value and are an important part of many people’s lives, and current Illinois law allows judges to consider the “well-being” of a companion animal in determining how to allocate ownership post-divorce.
How Does the Court Decide Who Gets the Pet?
In Illinois, if pet custody becomes an issue, the court will generally consider the same factors that apply to property division in a divorce, such as:
- Ownership: Who bought or adopted the pet? Was it a joint decision, or did one party adopt the animal before the relationship began?
- Care and Responsibility: Who is primarily responsible for the pet’s care? This includes feeding, exercising, and paying for veterinary services. Courts may look at which party was more involved in the pet’s daily life.
- Emotional Bond: If one person has a stronger emotional attachment to the pet, this could influence the court’s decision. If the pet has formed a bond with children or another family member, that may also factor into the decision.
- Financial Considerations: Who has the means to properly care for the pet, both financially and logistically? This might involve considerations like living space, time available for care, and ability to meet the pet’s needs.
Can I Request “Pet Visitation” or “Joint Custody”?
While Illinois doesn’t have specific laws that define visitation rights or joint custody for pets, it’s becoming more common for judges to make arrangements that allow pet owners to share time with their pets. For example, a pet might spend half the week with one owner and the other half with the other, or visitation might be arranged on weekends or holidays.
Pet custody agreements can even outline specifics such as who is responsible for veterinary visits, who will take care of the pet in case of travel, and how the animal will be transported between households.
What if We Can’t Agree? Protecting Your Pet’s Interests
If you and your ex-partner can’t agree on who should keep the pet, the court may ultimately decide based on the factors discussed earlier. With this in mind, pet owners in Illinois should be proactive in documenting their relationship with their pet, including:
- Who paid for and adopted the pet
- Who is the primary caregiver
- Any special needs or circumstances related to the pet
As pet ownership continues to evolve, it’s likely that the laws will continue to adapt as well, making it easier to ensure that your pet’s emotional and physical well-being is protected in any future custody dispute.
Final Thoughts
Pet custody in Illinois is still in its early stages when compared to child custody, but it’s becoming more apparent that animals are often an integral part of family life. By understanding how the courts approach pet custody and taking steps to document your relationship with your pet, you can help ensure that your furry friend is treated with the care and respect they deserve, no matter what changes come to your family.
If you’re going through a divorce or separation and have questions about pet custody, it’s wise to consult with an experienced family law attorney. They can guide you through the process and help ensure that your pet’s best interests are taken into account.
Written By Marleena Broekema
Marleena graduated from Michigan State University in 2014 with a Bachelor’s Degree in Political Theory and Women’s Studies. Marleena continued on to receive her Juris Doctor from DePaul University College of Law in 2018, where she earned a certificate in Child and Family Law. She was admitted to the Illinois Bar in 2018.
