Pet Custody Disputes
|Who gets the family
pet following a divorce? In most cases, pets are treated just like all other marital
property because pets are considered personal property under state property laws.
However, this traditional view is beginning to be challenged. Lawsuits are being
filed challenging the longstanding view of the treatment of pets in divorce proceedings.
Often, the spouse who did not receive the family pet as part of the divorce settlement,
is seeking "visitation" or "custody" rights. Most courts are continuing to treat
pets as personal property. Therefore, state legislation to establish new rights
with respect to treatment of family pets in divorce proceedings is likely to become
more common in the near future.
Case Law on this issue