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April 5, 2023

Can I get Custody of my Pet in an Illinois Divorce

Divorce can be a difficult and emotional time, particularly when it comes to determining who will get custody of the family pets. While pets are considered property under Illinois law, many pet owners view their furry companions as family members and are deeply attached to them. Therefore, determining who gets custody of the pets can be a complex and emotional issue in a divorce case.

In Illinois, pets are considered personal property, like a car or a piece of furniture. This means that pets are subject to the same division rules as any other property owned by the couple. However, unlike a piece of furniture or a car, pets can have significant emotional value to their owners, and it can be difficult to assign a monetary value to them.

When it comes to determining custody of pets in a divorce case, there are several factors that courts may consider, including:

1.     Who purchased or adopted the pet: If one spouse purchased or adopted the pet before the marriage, they may be more likely to receive custody of the pet in the divorce.

2.     Who primarily cared for the pet: If one spouse was primarily responsible for the day-to-day care of the pet, such as feeding, walking, and taking the pet to the vet, they may be more likely to receive custody of the pet.

3.     The best interests of the pet: Courts may consider the best interests of the pet when determining custody, including factors such as the pet’s age, health, and temperament, and which spouse is better able to provide for the pet’s needs.

4.     Agreements between the spouses: If the spouses have a prenuptial or postnuptial agreement that specifies custody of the pet in the event of a divorce, the court may be more likely to honor that agreement.

It is important to note that custody of pets is not always a straightforward issue, and there is no guarantee that a court will award custody of a pet to a particular spouse. In some cases, couples may be able to reach an agreement on custody of their pets outside of court through negotiation or mediation. This can be a more amicable and less costly approach than going to court.

If a court does have to make a decision on pet custody, it is important to present evidence that demonstrates your relationship with the pet and your ability to provide for their needs. This may include evidence such as veterinary records, photos, and testimony from friends or family members who can attest to your relationship with the pet.

In some cases, a court may order joint custody of a pet, where both spouses share custody of the pet and agree to a schedule for visitation and care. This can be a good option if both spouses are attached to the pet and are willing to work together to provide for their needs.

Ultimately, the best way to ensure that you receive custody of your pet in a divorce case is to work with an experienced attorney who can help you present a strong case to the court. An attorney can help you navigate the complex issues involved in pet custody and provide guidance on how to protect your interests and ensure that your pet receives the care and attention they deserve.


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