• The first recorded case of a couple embroiled in a custody suit over a pet is in 1960. The wife claimed that the court had been wrong to award custody of her Pekingese to her ex-husband. She produced evidence that she had purchased the dog with her separate funds and titled it in her name. The husband, who claimed the dog was community property, could provide no evidence that he'd been a joint owner. The dog was removed from the husband and awarded to the wife (he got to keep the Volkswagen).
• In the Midwest, a divorcing couple was fighting over who got the family felines. The wife claimed that the cats ran away. But the soon-to-be ex-husband, suspicious of the story, hired a private investigator to tail his formerly betrothed. The investigator snapped some video of the woman at home with the cats in question and hubby drug her back to court and sued for joint custody.
• A divorcing Arizona couple insisted that the judge write into the final orders that along with joint custody of the children, the couple would also share custody of the family cat and all the hamsters.
• A California couple had to hire a private mediator when they couldn't decide who got custody of their dog. The wife had receipts showing that she’d purchased food for the dog during the duration of the marriage, but husband claimed he had been solely responsible for walking Fido. In a similar case, a young couple was forced to share joint custody of their dog when they could not come to an agreement over who kept him —they are now subject to courtscheduled weekend visitations, and the ex-Mr.&Mrs. meet on neutral territory to exchange the dog.
• In court settings where a judge is trying to determine which person the dog seems more attached to, some people have been known to smear their hands with sausage beforehand in attempts to ensure that Fido comes to them first. Attorneys are now wise to this ploy and some courts routinely do a “sausagesmell- check” prior to any dog custody hearing. On a serious note, the issue of joint custody of pets is becoming more commonplace as courts begin to honor the human-animal bond, and as the legal system recognizes that pets are more than their legal designation of “property” like a sofa or a CD collection. Some municipalities are even changing the term “owner” to “guardian” when referring to an animal’s caretaker, and the Animal Legal Defense Fund now issues briefs in some cases asking that the court consider the animal’s welfare in a pet custody dispute. If you find yourself in a custody battle over a pet, remember that animals are impacted by the stress of a breakup much like children are. They may show signs of anxiety, insecurity, or confusion. Avoid using them as objects of blackmail and remember to put their bests interests ahead of your own.
—Kelly L. Stone lives in Lawrenceville. To learn more about her, visit www.kellylstone.com
