After the seminal case of the Marriage of Enders, in 750 ILCS 503(n), Illinois law established the allocation of pet responsibility in divorces. Here are a few of the factors that a court may consider: Who owns the companion animal; Who pays for the companion animal’s needs; Who takes care of the companion animal’s daily needs; Who walks/plays with the …
Estate planning is about protecting what’s important to you. Although much of the traditional estate planning conversation focus on surviving spouses, children, grandchildren, many pet parents wonder about what could happen to their “furry children” after their death or if they become incapacitated and unable to care for the pets. Read on if you’ve ever thought, “What will happen to …
Animals can be domesticated pets, but they can also provide emotional support to their owners. An emotional support animal (“ESA”) is used to provide a therapeutic benefit to an individual with a mental or psychiatric disability. The difference between an emotional support animal and a service animal is that the service animal usually performs a task that helps a person …
I gave this Lawline lecture last December on New York farm animal welfare law. I first talk about animal welfare laws from the national perspective and then move into New York specifically. I think it helps to see the forest for the trees and better understand where New York fits in nationally with these issues. I discuss both misdemeanor and …
This weekend I discovered that the National Agriculture Law Center has a helpful state-by-state analysis of animal cruelty laws in the United States. Even though there are several federal statutes that regulate this issue, animal cruelty statutes vary significantly from state-to-state. It is interesting to pull up the statutes in various states and run a comparison. Though the National Agriculture …
As I have previously noted in this blog, I am on the New York State Bar Association’s (“NYSBA”) Committee on Animals and the Law (“CAL”). On this Committee, I assist with the annual Student Writing Competition. For all you law students out there, the deadline for the Fourth Annual Student Writing Competition is June 30, 2011. The first place winner …