By Jeff J. Horn – Divorce Attorney
Pets
After addressing children’s issues, the next most painful divorce issue is dividing the family’s pets and domestic animals. Pets hold a special place in many families, and their fate during a divorce can cause significant emotional distress.
My Experience
Early in my practice, I agreed to facilitate the transfer of a dog from my client to the opposing client. My offer was in good faith, simply to end the parties’ bickering over how to effect this transfer. The husband who wanted the dog, it turns out, made this demand only to cause my client pain. I twisted her arm to get the case resolved. In the parking lot of my office, I assisted in packaging an adorable chocolate Labrador into an airplane transportation crate. The dog resisted, my client cried, and I felt absolutely terrible.
How Courts Handle Pets
Courts have begun to embrace the challenge of deciding the continuing ownership of pets. Attributing child-like attributes to pets, however, is an overstatement of their importance in family law. The intrinsic value of a pet to the family may far exceed the pecuniary value of personal effects and furniture otherwise housed in the family home. Courts will be very reluctant to get involved in such a personal decision. The economic value of a pet may be relatively small. A new dog can be adopted at no cost or purchased for, perhaps, hundreds of dollars or two to three thousand dollars. The cost of having a trial about the final home of the pet will cost a great deal more.
Importance of Pets
If a dog has been used as a companion dog, a seeing-eye dog, or a show dog, the distribution of the pet ought to be more straightforward. Even the most vicious divorcer should not sink to the level of depriving a visually impaired person of their seeing-eye dog. Keeping the family pet with the children ought to be the next sensible priority. The children will suffer enough without having to lose their pet. Again, the economic value of the pet will be outweighed by the intrinsic value of the comfort, support, and enjoyment derived from the pet. If you find yourself fighting over a pet and paying your lawyer to assist you in receiving the pet in equitable distribution, it had better be a sincere goal of yours.
Conclusion
Pets are more than just animals; they are family members who provide comfort and companionship. Handling their custody during a divorce requires sensitivity and understanding. While courts are becoming more involved in these decisions, the emotional value of pets often surpasses their monetary worth. Ensuring that pets remain with those who need them most, especially children and individuals who rely on them for assistance, should be a priority.
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Thanks to Horn Law Group, LLC interns Noah Hilsdorf and Dillon Uhrig.