Illinois Family and Animal Law: “Custody” of Pets

Rincker Law Animal Law, Family/Matrimonial Law Leave a Comment

As of 2018, matrimonial judges can consider the “well-being” of a pet in deciding whether there will be sole or joint ownership.  The new law expands the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”).  Now, 750 ILCS 5/503(n) states that: “If the court finds that a companion animal of the parties is a marital asset, it shall allocate the …

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Illinois Family Law: The Allocation of Possession and Responsibility of Pets

Rincker Law Animal Law, Family/Matrimonial Law Leave a Comment

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 …

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NY Animal Law: Pet Ownership Case in Bronx

Rincker Law Animal Law 4 Comments

As a follow up to my first blog about pet custody/ownership, I wanted to discuss a recent case from the Bronx Civil Court, Ramseur v. Askins, 44 Misc.3d (Civil Court Bronx, 2014), an action for replevin of a shih tzu named Deva.  The court’s decision mimics the general standard for pet custody cases in New York: the best interest for …

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