Who Retains Custody Of The Family Pet In A Divorce?
Many people consider their pets an integral part of their family. When two people divorce, the fight over the family pet can often turn into a bitter battle. In response to these feelings towards pets, a growing number of states have enacted statutes providing for the custody of the family pet.
Traditionally, courts have treated pets as a form of a chattel. The Ohio Revised Code § 955.03 follows the traditional view stating that a dog “shall be considered as personal property”. This treatment as personal property results in the “custody” of the household pets to be determined during the division of marital property. If the parties to a divorce are unable to agree as to who will retain ownership of the pet, the court is likely to determine who the pet goes to just like any other item of personal property. Many people have found this treatment of pets to be cold. Notwithstanding the fact that pets are treated as personal property, a court has wide discretion when making a division of marital property. A court may consider a number of factors such as who paid for the … Read More... “Pet Custody in Ohio”
Have you ever wondered what might have happened to Cheeta if Tarzan and Jane had decided to split up? If Fred and Wilma had gone through a nasty divorce, which one would have gotten Dino? Remember Lassie? If Timmy’s parents, Ruth and Paul Martin, had divorced would Lassie’s barking, in an attempt to explain which party she wanted to live with, have even mattered to a judge?
In many divorce cases, custody or ownership of the beloved family pet is very important and the dispute can even become contentious. Sean Palmer, author of the