Illinois has a new animal-protection law that will allow courts to evaluate the best interests of the pet when granting custody of a pet in disputes between unmarried parties.
Kudos to Governor Pritzker for signing HB 4540, Public Act 14-0613, “Rosie’s Law” into law! Rosie’s Law, also known as the Companion Animal Custody Equity Act, amends Illinois’ Replevin Statute 765 ILCS 5/19-101, et seq, to allow judges to consider the well-being of companion animals in a custody dispute between unmarried parties over a companion animal.
Previously, as those of us who practice animal law know all too well, Illinois law only required judges in dissolution of marriage proceedings to consider the well-being of the companion animal in determining custody. By contrast, Illinois law did not permit such consideration in the case of custody disputes involving unmarried parties such as current or former domestic partners, boyfriends/girlfriends, fiancées, or roommates. Animals are considered personal property in Illinois, and, historically, the party who had the ownership papers was found to be the owner. This led to profoundly unjust results. Rosie’s Law will change all of that, and once it takes effect, Illinois law will allow judges in such disputes involving unmarried parties to consider the companion animal’s well-being.
Like the Humane Care for Animals Act, 510 ILCS 70/1, et seq., Rosie’s Law defines companion animals as any animal considered to be, or considered by the owner to be a pet. It specifically lists, but does not limit companion animals to canines, felines, and equines.
Rosie’s Law provides that, when determining possession, a judge may take into consideration factors such as the history of daily caretaking responsibilities, feeding, grooming, training, financial contributions, emotional bond, continuity of care, stability, safety given prior acts of the parties, and any special needs of continuity and stability of established routines for animals the age of 10 or older. Moreover, Rosie’s Law states that although ownership documentation may be considered, it is not determinative of ownership on its own. It also provides for court-ordered mediation to resolve the dispute.
Rosie’s Law will take effect on January 1, 2027.
