Can I Be Awarded Custody of My Pet During My IL Divorce?

 Posted on September 05, 2024 in Divorce

While pets have long been considered "property" to be divided during a divorce under the rules of equitable distribution, as of January 2018, the state of Illinois allows judges to consider the well-being of the pet. Pets and their owners often have deep emotional bonds, and breaking those bonds can be harmful to the owner and the pet. Unfortunately, some spouses use pets as a bargaining chip to get what they want from the divorce.

In particular, if the pet or pets largely belong to one spouse, the other may threaten to keep the pet if he or she does not get everything asked for. As the law has continued to evolve since 2018 regarding pet custody, you should discuss your issues with an experienced Naperville, IL divorce attorney from Calabrese Associates, P.C. who can apply these changes to your current situation. Attorney Michael J. Calabrese is committed to keeping you updated regarding all important developments throughout the progression of your case.

What Are the Key Aspects of Pet Custody Law?

Illinois judges now consider several factors regarding pet custody by asking the following questions:

• Is the pet a support animal for one of the spouses?

• How will the overall well-being and physical health be impacted by which spouse gets "custody"?

• Which spouse has been directly involved in the daily care and bonding with the pet?

• Is there any evidence from new pet technology, such as GPS trackers or health monitoring devices, that can be used to demonstrate attention and care given to the pet?

• Is there a pre or post-nuptial agreement that specifically outlines a pet custody agreement?

• Does expert testimony from veterinarians or animal behaviorists show that one spouse clearly attends to the pet’s care needs?

How Can You Help Your Divorce Attorney Build a Case for You to Be Awarded Pet Custody?

Put together a file of all relevant documents related to your pet and the pet’s care. This might include veterinary records showing the pet is up to date on all shots as well as which spouse usually brings the pet to the veterinarian’s office. If you have training or obedience certifications, include these, along with any other evidence of your level of involvement with the pet.

Whenever possible, negotiate a pet custody agreement with your spouse. This can save significant amounts of time and money. A pet custody agreement could be discussed in mediation to help reach a mutually acceptable agreement. If possible, consult with experts who can strengthen your case by providing insights into how removing the pet from its primary caretaker could be damaging.

How Can the Evolution of Pet Custody in Illinois Benefit You?

Courts now have the right to grant one spouse custody of an animal and even to order the other to stay away from it if there is evidence of pet abuse by that spouse. The courts must consider the well-being of the companion animal when determining custody as well as the degree to which one spouse largely cared for the animal during the marriage. In short, Illinois courts must now look for the "best for all concerned" standard.  Any other relevant factors and information can be considered by the judge when determining custody of a pet.

Contact a DuPage County, IL Divorce Attorney to Discuss Your Pet Custody Issues

Attorney Michael J. Calabrese is a former chair of the DuPage County Bar Association Family Law Committee who frequently lectures on family law-related issues. When you have a highly skilled Naperville, IL divorce attorney advocating on your behalf, fighting for your future, and answering all your questions, your divorce process is likely to have a more favorable outcome. Schedule an initial meeting with Calabrese Associates, P.C. at 630-393-3111 to discuss all your divorce issues.