An article by the Maryland Daily Record (subscription), republished by the Family Law Prof Blog, tells the "shaggy dog" story of a divorced couple that was granted joint custody of their Lhaso Apso, Lucky. Usually, as explained by FindLaw, the law treats family dogs much like "a table or a lamp" when divorcing couples divvy up marital property.
So this is quite an unusual case.
You'd be hard-pressed to find a similar court order among Illinois' family court records, but Chicago family law attorneys might have a better handle on how the state's courts deal with family pets.
Gayle and Craig Myers, in the aforementioned case, were in agreement for most of the divorce terms but remained at odds over who would get to keep their pooch.
Graydon S. McKee III, the retired Prince George's County Circuit judge who was given a special assignment to preside over the case, decided to take an usual approach. He split custody of Lucky, similar to a child custody matter, granting custody to each party that alternates every six months (about three-and-a-half years in dog years).
Animal-law attorney Jan Berlage said common law with respect to family pets is starting to change:
"Pets have a different role in our lives than farm animals that are fungible and can be replaced."
Attorney James S. Maxwell, agreeing with Jan Berlage, said the judge "appropriately elevated the status of a dog to a member of a family." But, he added, only a similar appellate or state Supreme Court ruling could set a precedent; a prospect he believes is highly unlikely.
But another attorney, Mark W. Carmean, said he believes that a court system dealing with a high volume of actual child custody cases may not want to burden the system with additional animal custody cases.
Regardless, it's worth asking a divorce attorney in Chicago whether Illinois courts would be willing to grant child status to your furry family member.
Related Resources:
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Dividing Property (FindLaw)
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Call an Illinois Family Law Attorney (FindLaw)
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Pet Custody in Divorce and Separation: Who Gets Fido? (FindLaw's Law & Daily Life Blog)
