HB4540 104TH GENERAL ASSEMBLY

LRB104 17489 JRC 30915 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4540

Introduced 1/30/2026, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

New Act

Creates the Companion Animal Custody Equity Act. Provides that in a possession dispute involving a companion animal, a court may consider the well-being of the companion animal regardless of the marital status of the parties. "Companion animal" means a domesticated dog or cat that resides in a household. Authorizes the court to issue temporary possession or caregiving orders, including limited visitation, if necessary to reduce stress or disruption to the companion animal. Provides that for companion animals 10 years of age or older, courts may give additional consideration to factors including continuity of environment, emotional stability, stress minimization, and maintenance of established routines. Provides that a court may, if appropriate, order mediation between the parties to resolve issues related to companion animal possession.

A BILL FOR

AN ACT concerning companion animals.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Companion Animal Custody Equity Act.

Section 5. Legislative purpose. The General Assembly finds that:

(1) Companion animals often occupy a unique role within households that is not fully reflected in existing statutory frameworks governing possession disputes.

(2) Current Illinois law permits courts to consider the well-being of a companion animal primarily within dissolution of marriage proceedings.

(3) In disputes involving unmarried parties, courts may lack explicit statutory guidance to evaluate caregiving history or animal welfare.

(4) Providing courts with limited discretion to consider such factors promotes consistency, clarity, and fairness in judicial decision-making.

(5) The purpose of this Act is to provide courts with guidance when resolving possession disputes involving companion animals while preserving existing property law principles.

Section 10. Definitions.As used in this Act:

"Companion animal" means a domesticated dog or cat that resides in a household.

"Parties" includes spouses, domestic partners, former partners, cohabitants, fiancés, or roommates if shared responsibility for the care of the companion animal can be demonstrated.

Section 15. Judicial determinations. In a possession dispute involving a companion animal, a court may consider the well-being of the companion animal regardless of the marital or legal status of the parties. In exercising discretion, the court may evaluate relevant evidence, including, but not limited to, the following:

(1) History of daily caregiving responsibilities.

(2) Feeding, grooming, veterinary, and training involvement.

(3) Financial contributions related to the animal's care.

(4) Emotional bonds between the animal and each party.

(5) Stability and continuity of the animal's living environment.

(6) Safety considerations and past conduct affecting the animal.

(7) Credible witness testimony.

(8) Age and physical or behavioral vulnerability of the animal.

(9) Continuity of routine and care.

(10) Ownership documentation but this may not be determinative on its own.

Section 20. Temporary possession orders. During the pendency of a dispute, a court may issue temporary possession or caregiving orders, including limited visitation, if necessary to reduce stress or disruption to the companion animal.

Section 25. Senior animal consideration. For companion animals 10 years of age or older, courts may give additional consideration to factors including continuity of environment, emotional stability, stress minimization, and maintenance of established routines.

Section 30. Mediation. A court may, if appropriate, order mediation between the parties to resolve issues related to companion animal possession.