Getting divorced can be a very complex process. Divorce may involve the division of assets as well as custody negotiations. Today, custodial disputes over pets are also very common. In five years, the number of divorce cases involving a dispute over pets increased by 27 percent, according to the American Academy of Matrimonial Lawyers. Among these cases were disputes over animals such as dogs, cats, snakes, and parrots, among others.
Getting divorced can be a very complex process. Divorce may involve the division of assets as well as custody negotiations. Today, custodial disputes over pets are also very common. In five years, the number of divorce cases involving a dispute over pets increased by 27 percent, according to the American Academy of Matrimonial Lawyers. Among these cases were disputes over animals such as dogs, cats, snakes, and parrots, among others.
In the past, many state judicial systems viewed pets as personal property. Now, that view is changing. Today, courts will allow shared custody, support, and visitation to pet owners. Additionally, some states allow pet parents to establish a trust to benefit their pets should they no longer be able to care for their needs. In fact, it is becoming more common for prenuptial agreements to address custody of pets in the event of a divorce.
In New York, a husband and wife were fighting over custody of their Pointer Greyhound, Gigi. Originally, the court ordered joint custody to the pet parents. However, the two fought for almost 24 months and racked up over $150,000 in legal fees in order to acquire sole custody of their beloved dog. The court resolved the custody dispute by hiring an animal behavioral specialist to videotape a day in the life of Gigi as a court ordered bonding study. The videotape revealed that Gigi enjoyed spending her time with the wife, who was then awarded sole custody of Gigi. This study has led to many couples who are getting divorced videotaping their animal’s daily lives in order to show it in court as evidence.
If an individual is considering entering divorce proceedings and would like to seek custody of a pet, he or she may be able to bring a petition seeking permanent custody or visitation. It is important that you are aware of your rights when it comes to your pet. The Suffolk County matrimonial law attorneys at McGuire & Peláez, PC are experienced in representing clients in a variety of matters, including divorce, child support, custody and visitation, maintenance and equitable distribution. Ms. Peláez has practiced daily in the family court for more than 10 years as private and court appointed counsel, and she will zealously fight for your rights. Contact our Long Island divorce law firm at (631) 348-11702.
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I really liked it when you the complexity of pet custody in a divorce case. My brother has a dog that he cares about a lot and thinks he will be going through a divorce soon. I will send this his way so that he can be well informed through the process.