Over the past few decades, the pet's role in the family has dramatically evolved. Dogs lives have gone from a chain in the backyard to organic diets and high-end doggy daycare. Likewise, the pet cat's role has elevated from family pest killer to the star of the internet. With these changes came our changing perspective of pets as individuals, rather than property.
But legally, pets are still considered to be personal property and are divided as such during a divorce. Illinois courts do not recognize pet custody agreements in the way that they recognize child custody agreements and instead consider pets to be the same as other property outlined in Part V of the Illinois Marriage and Dissolution of Marriage Act.
However, you and your partner might want to consider creating your own pet custody schedule outside of court. Talk to your attorney about ways to model your pet custody agreement if this is an option for you. Otherwise, you will need to prove that your home is better suited for the pet than your former spouse's home.
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