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§ 19-130 Companion animals

Article XIX: Replevin

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(a) Judicial determinations. In a possession dispute involving a companion animal, a court may consider the well-being of the companion animal regardless of the 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.

(11) 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.

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

Amendment history: (This Section may contain text from a Public Act with a delayed effective date (Source: P.A. 104-613, eff. 1-1-27.)