Who Gets Rover?
John and Jane Doe have decided to amicably split up. They have simply grown apart, have no children, and thought their divorce would be easy. They both failed to consider, however, their spouse’s undying love for their dog, Rover.
Pet custody is one of the hottest topics in divorce law, and disputes over pets have caused many divorce negotiations to stall in their tracks. This is difficult for many non-pet owners to understand, but pets often hold a special place in their owner’s hearts and the thought of not being able to interact with the pet on a daily basis can cause a lot of anguish. If you find yourself in a custody dispute over your pets, you need to consult with an attorney to be aware of your rights.
In most states, pets are considered property, and they don’t have any special status under the law. As heartless as that may seem to pet owners, pets are simply an object to be divided up much like a bank account or a retirement account.
A 2005 Tennessee case, which garnered attention from the television program 20/20, serves to illustrate just how unusual this issue can get. In Lanier v. Lanier, a case filed in Pulaski, Tennessee, the wife argued for custody of the couple’s dog because she had kept the dog away from “ill-bred bitches” and made sure that the dog attended a weekly ladies’ Bible session. Moreover, she made sure that others did not drink alcohol in the dog’s presence. The husband felt he was entitled to custody of the dog because he had taught the dog many tricks including riding on the back of his motorcycle. He also emphasized that he had refrained from drinking beer in front of the dog. In the end, the court granted joint custody of the dog—each spouse would get the dog for 6 months at a time and then the dog would move on to the other spouse.
As this case illustrates, a trend is emerging where courts will allow joint custody and visitation with the pet in special circumstances. If you are a devoted pet parent and are devastated by the idea that you will no longer get to spend time with your pet, you should consult with an experienced divorce attorney to advise you about your rights.
If your divorce is cordial, you and your spouse may be able to come to an agreement about pet parenting and an expense plan wherein each spouse gets to spend time with the pet and shares in the pet’s expenses. When you and your lawyer sit down to develop the plan, you should consider you and your spouse’s schedules in order to develop a plan with maximum human exposure for the pet. As with a child custody plan, the agreement should be in writing so that there are no misconceptions.
If you and your spouse can’t agree, the decision will be left up to a court. The court will usually take into consideration the following factors in deciding who will get custody of the pet: which spouse cared for the pet most; the living conditions of the pet post divorce; which spouse is best able to care for the pet after the divorce; what is the best environment for the pet; and finally, if there are children involved, the court will often want to keep the pet with the children.
If you love your pet and want to remain in his or her life, you should consult with an attorney to determine your rights.