(The Center Square) – An Illinois lawmaker who opposed the state’s new pet custody law says the measure could create unnecessary court battles and blur legal distinctions between married and unmarried couples.
Gov. J.B. Pritzker recently signed House Bill 4540, the Companion Animal Custody Equity Act, which takes effect Jan. 1.
The law allows courts to consider a companion animal’s well-being and caregiving history when deciding ownership disputes between unmarried couples, rather than treating pets strictly as personal property.
State Rep. David Friess, R-Red Bud, who voted against the bill, said he believes the law unnecessarily extends legal treatment traditionally reserved for married couples.
“What they’re doing is putting non-married people on par with married people who may have a dispute about property acquired during a marriage, and I don’t think that’s right,” Friess told The Center Square.
A practicing family law attorney, Friess said he is concerned the law could lead to lengthy and expensive court proceedings over pets.
“If anybody has to fight over a dog, it’s going to be a waste of court time and resources,” Friess said.
He questioned how judges would weigh factors such as a pet’s caregiving history and suggested cases could require expert testimony about what is in the animal’s best interest.
Friess also argued that courts, particularly in heavily populated counties, already face significant caseloads.
“Think about how busy Cook County’s docket is,” he said. “You’re going to have people coming in fighting over a cat, and a judge is going to have to make that determination.”
The legislation’s supporters have argued the measure reflects the important role pets play in families and gives judges greater flexibility to reach equitable outcomes in ownership disputes.
Friess acknowledged that married couples sometimes voluntarily agree to keep a pet with a child following a divorce, but he said those situations are different from disputes involving unmarried couples.
“I’ve seen people work those things out by agreement,” Friess said. “But I don’t think unmarried people should be treated the same as married people in these types of property disputes.”
Asked what he would tell pet owners who support the new law, Friess offered simple advice.
“If you’re not married, don’t purchase property together,” he said. “And if your boyfriend gets the dog, then get another dog. There are plenty of dogs out there that need homes.”
The Companion Animal Custody Equity Act applies to disputes between unmarried individuals and allows courts to consider evidence of each person’s role in caring for the animal when determining ownership.
