People who share a pet will be able to go to court to fight for custody of their furry companion under a state law newly enacted by Illinois Gov. JB Pritzker.
The measure creates a legal framework for unmarried people, like separated couples or roommates, to fight to keep their dog, cat or horse when they no longer live with the person they shared it with.
The new law permits courts to consider several factors when deciding who gets custody of a pet between two unmarried people.
Those factors include the physical and emotional well-being of the animal, who financially supports it, and the environment the pet would live in.
Divorcing couples were already able to fight for custody of a shared pet in Illinois.
State Rep. Barbara Hernandez, D-Aurora, who sponsored the legislation, said people reached out to her after losing custody of their pet because they weren’t married to the other owner.
“Either they were in an abusive relationship, and the partner used their pet as leverage to stay in the relationship, or there were military people that had an emotional support animal, and unfortunately, had to leave them behind because their partner wanted to keep it,” she said. “There was no path for them to fight for the animal.”
Hernandez said the new law will allow more people to protect their pets, and people should prepare if they’re in a situation where they may have to go to court for their pet.
“Make sure you have all the proof of the vet bills, the food bills and everything to make sure that you can establish yourself as a primary owner of your pet,” she said.
Jane McBride, CEO of Illinois Humane, a Springfield-based nonprofit animal shelter, worked with Hernandez on the bill and said pet custody battles aren’t a new phenomenon.
She said in cases of divorce, the court must consider the emotional and physical well-being of the animal, whereas in cases of unmarried pet owners, it had not been an issue that a court could consider.
“Animals are property, but they’re protected property throughout many avenues of the law in Illinois,” she said. “So this amendment provides guidance to the courts should this be an issue.”
McBride also said these cases can involve roommates who disproportionately care for the animal. They then have to prove to the court that they are the main caretaker.
“You either have to be the owner and have that kind of documentation, or you have to have some kind of basis to show that you’re entitled to possession of the animal,” she said.
The new law goes into effect Jan. 1.