SPRINGFIELD – State Senator Linda Holmes remains steadfast in pursuing legislation to improve living conditions for animals, as her measure providing statutory guidance to Illinois courts when considering pet possession when unmarried couples break up was signed into law Friday.
“Legislators observe how residents’ lives change as society’s norms evolve. Today, most families see their pets as adored family members rather than property,” Holmes (D-Aurora) said. “If the future residence of a companion animal is in question when family members separate, the courts need guidance to consider the best outcome for the animal’s consistent caregiving and comfort.”
House Bill 4540 will update existing law centered solely on pet possession in divorce cases with no explicit language dealing with pets belonging to unmarried partners. The law will let courts issue temporary custody and visitation orders for companion animals, prioritizing their caregiving history and well-being during disputes. This will modernize state law to reflect the emotional bonds people develop with companion animals and will apply to anyone involved in a pet custody dispute in Illinois. This includes divorcing couples, separated partners and others with contested claims to companion animals.
Along with Illinois, Alaska, California, Colorado, Illinois, New Hampshire, Maine, New York, Delaware, Rhode Island, and Washington D.C. have adopted similar provisions considering pet care and well-being in custody decisions. A list of criteria for courts to consider relevant evidence includes daily caregiving responsibilities, stable environment, safety considerations, age and vulnerability of the animal and credible witness testimony.
House Bill 4540 was signed by the governor Friday. It will take effect Jan. 1.
