According to a 2018 study by the AVMA (American Veterinary Medical Association), approximately 57% of all US households have at least one pet. So, what happens to your pet when you die or become incapacitated? Planning ahead can give you peace of mind knowing that your pet will be cared for after you’re gone. There are several ways to do …
A recent Champaign County case was decided concerning the division of property concerning pets in a divorce. In the case of IRMO Montgomery v. Montgomery, a childless couple had two Shih Tzu dogs together that were about one year apart in age. Both proved to be fit owners and the Husband had both dogs when the Wife moved out. Later, …
There are a myriad of animal law issues affecting farm and ranch families who are going through a divorce (both with companion animals but also livestock and frozen genetics). Read my Fact Sheet with the National Agriculture Law Center here. Don’t forget to check out all my NALC Fact Sheets on family law issues with agriculture here.
Pets are a large part of people’s lives, and many depend on them for emotional support. Thus, the issue of whether emotional support pets or service animals can accompany its owner to public places becomes an issue. This post will discuss some common questions that come up when evaluating whether a pet can accompany its owner in a public place. …
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 …
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 …
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 …
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 …
Under Section 4-24 of the Urbana Code, an animal can be impounded if: Is found to run at large, is lost, is apparently abandoned, or is otherwise deemed a stray; Has bitten any person or animal, or is believed to have otherwise behaved in a threatening, dangerous, terrorizing, or vicious manner; and, Has been found to be vicious. In this …
If you live in Urbana, Illinois, under Section 4-1 of the Urbana Code, a “dangerous animal” is defined as a an email when: either unmuzzled, unleashed, or unattended by its owner, or a member of the owner’s family, in a vicious or terrorizing manner, approaches any person in an apparent attitude of attack upon streets, sidewalks, any other public place, …
The Illinois Office is growing! Kate joined our team this spring. She is an associate attorney with Rincker Law, PLLC working primarily from the Illinois office. Kate is licensed to practice law in New York and Connecticut. She is also a candidate to the Illinois bar. Kate concentrates in all aspects of family and commercial law. A portion of her …