Posts tagged "divorce"

Divorce is never easy. And it's worse when your beloved pet is caught in the middle yet this seems to be happening more and more. Animal law emerged only about 10 years ago, and today half of the 190 accredited law schools in the United States, including Harvard and Yale, offer courses in animal law, including pet custody. The Huffington Post reports that there has been a 23 percent jump in pet custody cases.

Understanding how the family court views the family pet -- and that it rarely intervenes in pet custody -- can help you make choices that will improve your chances of hanging onto your hound or kitty cat.

Pets as Property
Though you may view your pet as priceless, in most courtrooms across the country, the family pet is like any other piece of property. Lawyers and judges typically do not see pets as family members whose feelings and needs must be considered in determining where they will spend the future. Often the decision of who gets the cat is no different from that of who gets the coffee table. And though you might be willing to walk away from a mint-condition midcentury piece, it's a little harder to say goodbye to your beloved Siamese.

When it came to divvy up the assets in their divorce proceedings, Craig and Gayle Myers found that the biggest dispute in their split was over their 16-pound Lhasa-apso, Lucky. Though the couple didn't see eye to eye on much else, they both agreed on one thing: Losing custody of Lucky was more than either one could bear.

In the state of Maryland, "Dogs are considered property like livestock, quite the opposite of children," explains Gayle Myers' attorney James Maxwell. "Disputed properties that are jointly owned are usually sold and the money split between the couple," he tells Paw Nation. Obviously, this course of action didn't seem to benefit either of Lucky's devoted owners.

That's when Maryland's Judge Graydon S. McKee III ventured into uncharted legal territory. Thanks to his dogged determination, McKee was able to find a solution in which neither owner was deprived of their beloved pooch: The couple would share custody of Lucky, alternating custodial duties every six months.

After listening to the testimony of both sides, McKee tells the Daily Record, "It was very clear that both of them love this dog equally." Thus, he decided to offer up his own joint custody solution. If either Craig or Gayle refused the arrangement, he would have likely implemented the sale of Lucky.

Dog Whisperer and Wife Split
Cesar Millan and his wife, Ilusion, have decided to call it quits after 16 years of marriage, the trainer and TV host said on his website. While he states that they'll both remain committed to parenting their two-legged children, there was no mention of who will get custody of the dogs.

Dog Reunited With Family After Four Years
When Cooper, a coton de Tulear, disappeared in 2006, his family feared the worst. Now, four years later, he's been returned to his owners thanks to the microchip found by shelter workers, reports the Long Island Press. How did Cooper's four years of freedom treat him? Aside from his coat being matted, he's in good shape and, according to his owner, very happy to be home.

Humane Society Donates 12 Tons of Pet Food to Oil-Spill Affected Louisiana
The Gulf Coast has had a rough time as of late with the recent catastrophic oil spill, and many animals are bearing the brunt of the bad economy when their owners abandon them. The Humane Society is stepping up and delivering 12 tons of pet food to two of the hardest-hit parishes in Louisiana, reports Tonic. The food will go to shelters to be distributed to families in need so the pets can stay with their families.

Jorge Garcia Mourns Loss of Dog
Jorge Garcia, who played the character Hurley on the hit show "Lost," is having a rough couple of weeks. First, the series ended, and then his dog, Nunu, was killed, he writes on his blog. The Chihuahua-dachshund mix was hit by a car and died in Garcia's arms. She'll be buried in the Pet Garden at Valley of the Temples in Kaneohe, and in three months, visitors will find a plaque with her name on it. "If you'd like to leave a flower or a toy, I'm sure she'd love it," Garcia writes.

We may not think of it much, but what happens to pets when their owners divorce? Laura Vogel tells this tale of a pet custody battle.

In 2000, my boyfriend of seven years and I made three monumental, life-altering decisions: We got married, bought a house, and adopted a five-month-old stray puppy named Daisy.

Guess which of the three -- husband, house, hound -- are still mine?

With couples delaying child-bearing, and divorce rates holding steady in the U.S., pet custody battles have become the "new children" in divorce courts. Lawyer Peter Mogren of Mogren, Glessner and Roti in Seattle, has dealt with many cases in which pets were subject to custody battles. For those facing a painful breakup, the thorny decision about who gets custody of an animal beloved by both is gut-wrenching, though the courts still adjudicate the pet custody in the same manner as a house, car or piece of furniture, say Mogren.

"All 50 states have different laws," Mogren explained to Paw Nation. "Here in Washington State, pets are dealt with as property. The law is changing to realize the emotional ramifications and relationships people have with their animals, but the courts are pretty straightforward: Who bought the pet? Who fed, walked and shampooed the pet? If the pet is a purebred, whose name is on the papers? Though the law is fairly clear, through mediation, parties often work out visitation arrangements that are less cut-and-dried."

"In the vast majority of cases, one 'parent' gets full custody, and sometimes, in exchange for visitation, one party will contribute to the pet's upkeep--food, vet bills and the like," says Mogren.

When asked if he sees clients dealing with their pets as children, Mogren readily agrees, but notes that battles generally occur between parties without offspring. "All of the cases where there have been custody battles, the couples have no children, are in their late thirties or early forties," he says. "Their pets mean everything to them."

For pet-owning couples facing divorce, it's important to remember that each state's laws in regard to pet custody vary. To know your rights, consult with a lawyer who has experience in pet-custody cases or conduct research at a local library or at legal Web sites like Nolo.