Pet Custody Battles in Kendall County

 Posted on October 25,2022 in Division of Property

In the United States, pets are often treated and considered family members. Their devotion is clear, as nearly $70 billion is spent annually on pets, according to the American Pet Products Association (APPA). The 85 million families who own at least one pet, which accounts for 67 percent of American households, demonstrates how massive the pet industry is to the economy. The bond between some owners and their pets is intense.  

According to a Human Animal Bond Research Institute (HABRI) study, 79 percent of pet owners confirm their pets reduce stress. Owning a pet could also minimize cardiovascular disease and depression. So, when divorcing spouses dispute the custody of their family pet, it is sometimes as stressful and hostile as a child custody battle. Deciphering the ownership and visitation rights of a pet can be complex. A family law attorney skilled in both child and pet custody disputes can help strategize and determine pet ownership and responsibilities.

The Best Interest of the Pet 

If both spouses purchased the family pet together while married, the court might assess the following aspects and potential circumstances to determine the pet’s best interest. 

1. On a daily basis, which spouse, or child, is the pet’s primary caregiver?

2. How many have you owned throughout your marriage if this is not your first family pet?

3. If your children are attached to the pet, with whom will they be residing primarily?

4. Will the environment of each residence be suitable for caring for the pet?  

5. If your daily schedule interferes with the pet’s care, will you hire a trained pet sitter?

6. How will each spouse handle the decision-making if the pet becomes ill and needs surgery?

7. If a veterinarian suggests an option to euthanize a sick pet, how will you each respond?

8. If the pet is ill, will you each be willing to inquire about a second opinion from a different veterinarian? 

Illinois Law Regarding Pet Ownership

Since January 1, 2018, when a law was added to Section 503(n) of the Illinois Marriage and Dissolution of Marriage Act, companion pets are now regarded as family members, not just inanimate property that is either marital or non-marital. This law, which does not have any bearing on service pets, offers the divorcing spouses more options. Whether or not divorcing spouses have children, they are entitled to be awarded either joint custody or full custody of the family pet. A visitation plan can also be implemented. 

Negotiating and writing your wishes regarding family pets in a prenuptial or postnuptial agreement can circumvent future disputes and legal fees in the event of divorce. Marital agreements can include arrangements for current and future pets. If spouses own pets that have monetary value, drafting a marital agreement may be wise. These pets include but are not limited to race horses, show horses, and show dogs.

Contact a Family Lawyer in Kendall County

At The Law Office of Matthew M. Williams, P.C., dependable divorce attorney Matthew M. Williams is certified and trained in both collaborative and cooperative law. Matthew M. Williams recognizes the complexities of divorce and family law issues and is conscientious and sensitive to the needs of his clients. With experience handling numerous divorces, Matthew M. Williams aggressively advocates for fair and peaceful solutions. If you seek custody of your family pet, contact an Oswego divorce attorney at 630-409-8184.

Sources:

https://www.avma.org/javma-news/2018-05-01/spending-pets-approaches-70-billion

https://petpedia.co/pet-statistics/

https://habri.org/assets/uploads/HABRI-Top-5-Benefits-of-Pets-Infographic.pdf

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1717&ChapterID=41