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Divorce lawyers: Pet custody cases increasing

March 5, 2012

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— They still fight like cats and dogs in divorce court. But more and more they are fighting about cats and dogs.

Custody cases involving pets are on the rise across the country.

In a 2006 survey by the 1,600-member American Academy of Matrimonial Lawyers, a quarter of respondents said pet custody cases had increased noticeably since 2001. The academy is due for another survey, but there is no doubt such cases have grown steadily since then, said Ken Altshuler of Portland, Maine, a divorce attorney and AAML president.

If there is a child involved in a divorce, many judges will keep the pet with the child, attorneys said.

“But what do you do when the pet is the child?” Altshuler asked.

Breakups in same-sex marriages, civil unions and domestic partnerships are among reasons pet custody fights have become more common, attorneys said.

Pet custody cases have grown as much as 15 percent in his office over the last five years, said attorney David Pisarra of Santa Monica.

He is his own best example. He shares custody of 8-year-old Dudley, a longhaired standard black-and-tan dachshund, with his ex, who has remarried and introduced a step-dog to Dudley.

Pet consultant Steven May hired Pisarra six years ago to handle his divorce. Besides a daughter, May and his ex worked out custody of three dogs, two cats and Tequila the parrot.

Pisarra and May became good friends and often take their dogs for walks in Santa Monica. They also teamed up last year to write a book about co-parenting a pet with an ex titled “What About Wally?”

Pets are considered property in every state in the country. For years, they have been divvied up like furniture during divorce proceedings. But times are changing.

“Judges are viewing them more akin to children than dining room sets. They are recognizing that people have an emotional attachment to their animals,” Altshuler said.

“There is a shifting consciousness,” Pisarra said. “Pets are being given greater consideration under the law.”

More people have pets than ever before and they consider them part of the family rather than possessions, said Silvana Raso, a family law attorney with the Englewood Cliffs, N.J., law firm of Schepisi & McLaughlin.

“People are not embarrassed to fight for custody of a pet today. In the past they might have shied away from it because society didn’t really accept a pet as anything other than an accessory to your life,” she said.

When Pisarra and Jay Redd (who wrote an introduction in the book) split up, they agreed to share Dudley.

“There is no law that recognizes visitation with an animal,” Raso said, so couples have to work it out themselves.

Comments

ksgardener 2 years, 1 month ago

Maybe they should get healtcare benefits too.

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Ron Holzwarth 2 years, 1 month ago

If people would treat each other as their pets treat them, there would not be so many people getting divorced.

Pets love you unconditionally, they are always waiting for you, they always listen to you, they almost never become angry, they never criticize, and they never shout at you.

Very few people are like that. So, if you ever realize that you are married to someone like that, don't mess it up!

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