Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for parenting time (or visitation)? (A) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation; (B) the mental and physical …
Illinois Animal Law: Replevin of Pets
Replevin is proper action to be brought by an owner seeking return of his or her pet when the pet “ha[s] been wrongfully distained, or otherwise wrongfully taken or … wrongfully detained”. See 735 ILCS 5/19-101. In a replevin action, “the court shall issue an order of replevin if plaintiff establishes a prima facie case to a superior right of …
Illinois Family Law: The Allocation of Possession and Responsibility of Pets
Until a few months ago, the only statute dealing with custody of a pet was found in the Illinois Domestic Violence Act of 1986, which allows a judge to award temporary legal custody of an animal if domestic abuse is a danger to the pet. 750 ILCS 60/214. However, effective January 1, 2018, the Illinois Marriage and Dissolution of Marriage …
Illinois Animal Law: Dangerous vs. Vicious Dog Definition
If you live in a village, town or city in Illinois that does not have it’s own definition of dangerous dog/animal or vicious dog/animal, then the definition set forth by the Illinois Animal Control Act, 510 ILCS 5 will apply. Let’s take a look at those two definitions. “Potentially dangerous dog” means a dog that is unsupervised and found running …
Illinois Family Law: Grandparent, Sibling and Step-Parent Visitation
Grandparent, great-grandparents, siblings, or step-parents can bring a petition for visitation and electronic communication (i.e., face to face time and electronic-based time) for a child one year of age or older if the denial of visitation by the parent causes harm to the child’s mental, physical or emotional health and if one of the following exists: (A) the child’s other …
Illinois Agriculture Law: Open Burning on Farms
Open burning is necessary for the practice of farming, but Illinois also has to balance that interest of farmers with the public interest in preserving clean air. For this reason, Illinois allows open burning for agricultural waste and landscape waste. Agricultural waste is refuse generated on site on a farm or ranch by crop and livestock production practices. What is …
Illinois Family Law: Best Interest of the Child Factors for the Allocation of Parental Responsibilities
Everyone involved in a family law proceeding involving children has heard of the the “best interest of the child” test. So what factors do Illinois courts consider for custody (errrr, I mean the “allocation of parental responsibilities”)? (1) the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to decision-making; …
Illinois Animal Law: Keeping Dangerous Dogs in Urbana
If you have been found to have a “dangerous animal” in Urbana, Illinois, then Section 4-28 of the Urbana code sets forth a few requirements: Post a sign in a conspicuous place noting that there is a dangerous dog on the premises (sign must be at least 8 and 1/2 X 11 inches). Use a leash 3 ft or shorter …
Top 10 Reasons Why to Give BNI a Try
For those of you who are entrepreneurs or work in sales, you may have heard about “BNI.” It’s a networking group that stands for “business networking international.” You can find more about the organization here. I am currently in a start-up BNI chapter here in Champaign, Illinois. You can learn more about chapters in Central Illinois here. I spoke last …
Illinois Animal Law: Pet Shop Lemon Law
In states without a pet shop lemon law, consumers must result to relief under the Uniform Commercial Code (“UCC”), which regulates the sale of “goods”. Since pets are more than “goods”, the UCC does not provide as much protection to the consumer for pets as the state specific pet shop lemon laws do. In Illinois, the Pet Shop Lemon Law …
New York Agriculture Law: Open Burning on Farms
Burning of garbage and leaves are illegal in New York, but there are specific laws which govern burning that since the regular operations of a farm typically involve the removal of trees and brush during field clearing and maintenance; the removal or trimming of diseased fruit canes, vines, and trees; and the removal of vegetative material from cultivated wetlands, among …
Illinois Animal Law: Were You Served Notice of a Dangerous or Vicious Animal Hearing in Urbana?
Did you receive notice of a dangerous dog or vicious dog hearing under the Urbana Code? Pursuant to Section 4-27, if you allegedly have a dangerous or vicious dog in Urbana, then you should be given your due process and and an opportunity to be heard; thus, the City must provide you notice of a hearing at least 5 to …