Is Visitation Allowed With Pets in an Illinois Divorce?

pet visitation in Illinois Divorce

A divorce in Illinois can involve disputes over financial matters, property, and custody of children.  What happens when the dispute is over pets?

One way to summarize how a court may view pets in a divorce is that they are not merely pieces of property, but are not given the same full considerations as children.  The result of this is that one spouse may be awarded possession of the pets, but, unlike cases involving children, the other parent will not be granted visitation rights with the pets after the divorce.

 

Pet Visitation – Enders v. Baker

Enders v. Baker was a 2015 divorce case where the Illinois Appellate Court ruled for the first time on the issue of pet visitation.  It ruled that Illinois courts cannot grant pet visitation rights to a spouse.

In Enders v. Baker, the parties had two dogs during the course of their marriage.  The Wife later filed for divorce.  During the divorce, the Husband filed a Motion requesting visitation rights with the dogs.  The Husband alleged that he and his Wife agreed they would have “joint custody” over the dogs.  His Wife, however, had been denying him visitation with them for several months.  The court granted the Husband’s Motion requesting visitation, and ordered that he be given temporary visitation rights with the dogs.  This was a temporary order, and the case later proceeded to trial. 

At the conclusion of the trial, the court ruled in the Wife’s favor, and awarded the dogs solely to her.  The trial court also denied the Husband any visitation rights with the dogs. The Husband filed an appeal, arguing that Illinois courts can order pet visitation rights, and that his visitation with the dogs would be in the best interests of the parties.  The case then proceeded to the Illinois Appellate Court.

Since there were no past Illinois cases relating to pet visitation rights, the Illinois Appellate Court reviewed a 2013 New York decision, Travis v. Murray.  Courts in different states may use a  “best interests of the child” standard when deciding how to rule on a child custody or visitation issue.  In Travis v. Murray, the New York court decided not to apply a similar “best interests of the dogs” standard when ruling on the issue of pet visitation.  Instead, it applied a “best for all concerned” standard.  While the court reasoned that household pets were more than just mere pieces of personal property, it also reasoned that dogs do not rise to the same level of importance as children.  Finally, the court reasoned that allowing pet visitation rights would increase the likelihood of more litigation between the parties after the divorce.   Thus, the court in Travis v. Murray refused to grant pet visitation rights as part of  divorce.

The Illinois Appellate Court in Enders v. Baker also noted that the Animal Control Act defines a pet owner as “any person having a right of property in an animal, or who keeps or harbors an animal, or who has it in his care, or acts as its custodian.” Here, the court found that the Wife was the “owner” of the dogs because when the Husband moved out of the marital home, he left the dogs with her.  Accordingly, the Wife was the person who “keeps or harbors” the dogs, had them “in her care,” and acted as their regular “custodian.”

Relying upon the reasoning of the New York court in Travis v. Murray,  and the definition of a “dog owner” under Illinois law, the Appellate court in Enders v. Baker concluded that Illinois law does not authorize the court to order pet visitation rights in a divorce.

Although this was the first Illinois case where the issue of pet visitation was ruled upon, there is no doubt that there will be more cases where such issues will be litigated.  For now, however, it is clear that Illinois courts have no authority to enter an order requiring that one of the parties’ have visitation rights with pets.

 

 

 

The information on this site is not legal advice.  Retain an attorney licensed in the state which has jurisdiction over your matter before taking any action which affects your legal issues, legal marital status or custody arrangements, and follow the advice of your retained lawyer.