Tag: Divorce Pets Dog

Pet Custody Gets Approval in Spain

A new ruling out of a family court in Madrid, Spain gives the judicial stamp of approval to pet custody. After a recently separated Spanish couple went to court to determine which “parent” the family’s pet dog should live with, the judge made a ruling which may signal that pet custody is in our future.

Pet Custody

El Perro Caliente

After a hotly contested custody trial, a Madrid court this month awarded joint custody of an estranged couple’s pet border collie named “Panda.” The separated couple, who filed this action, apparently only went to trial on the issue of determining who the dog should live with.

The Spanish court, in its recent ruling, and after verifying an “affective bond” between the animal and the plaintiff, ruled on both the issue of parental responsibility and a timesharing schedule (physical and legal custody) of the pet dog!

The Spanish court ruled that both parties were “jointly responsible” and “co-caretakers” of the pet dog. The judge also ruled Panda will live in both parties’ homes on a monthly rotating timesharing schedule:
Shared ownership of Panda for each of parties, and for other people responsible for pets shows that the affection a person may have over their pet is similar to the same affection from other people.

“The mere formal ownership of the animal, whether as owner or adopter, cannot prevail over the affection of the applicant.”

The Court’s resolution of this pet custody case represents a further step towards the “de-objectification” of animals, on the path marked by the imminent reform of the Civil Code. Spain is currently drafting new legislation so that animals are no longer considered objects and are legally recognized as living beings, according to the Spanish article translated in Google Translate.

Florida Pet Custody

I’ve written on the development of pet custody cases and statutes before. Pet custody cases are becoming more and more prevalent around the world. That is because lawmakers and advocacy groups are promoting the notion that the legal system should act in the best interests of animals.

Pets are becoming a recognized part of the family. About 15 years ago, states began to allow people to leave their estates to care for their pets. Recently, courts have gone so far as to award shared custody, visitation and even alimony payments to pet owners.

Florida doesn’t have pet custody or visitation laws. Florida courts are already overwhelmed with the supervision of custody, visitation, and support matters related to the protection of children.
Accordingly, Florida courts have not or cannot undertake the same responsibility as to animals.

Not all states have ruled out a visitation schedule for dogs like Florida. For instance, while Texas also views dogs as personal property, in one case a Texas court authorized visitation.

Pet custody cases are becoming more and more prevalent around the country. That is because state lawmakers and advocacy groups are promoting the notion that the legal system should act in the best interests of animals.

About 15 years ago, states began to allow people to leave their estates to care for their pets. Recently, courts have gone so far as to award shared custody, visitation and even alimony payments to pet owners.
According to a recent survey of the American Academy of Matrimonial Lawyers, about 30% of attorneys have seen a decrease over the past three years in pet custody cases in front of a judge.

Over the last decade, the question of pet custody has become more prevalent, particularly when it involves a two-income couple with no children who shared responsibility for and are both attached to the pet, she said.

Loco por Animales

The lawyer for the plaintiff, Lola García, from the Law & Animals law firm, explained that in her arguments for joint custody she resorted to the European Convention and not exclusively the Spanish Civil Code because the amendment on pet custody had not been made effective.

The plaintiff relied on the 1987 European Convention for the Protection of Pet Animals, which was ratified by Spain in 2017. The Convention seeks to promote the welfare of pet animals and ensure minimum standards for their treatment and protection.

Using 1987 European Convention allowed the plaintiff to declare herself as “co-responsible” and a “co-carer” of Panda, instead of a “co-owner.”

The language was considered important because it meant not treating the dog as chattel, and may open the door for lawyers to use the Convention instead of the Civil Code.

An earlier case in 2019, in Spain’s Court of First Instance number 9 of Valladolid, declared “co-ownership” of ‘Cachas” the dog after the parties’ separation, and allowed each of the owners a timesharing schedule of alternating six-month terms each year.

That ruling was seen as “a great advance” in the public’s awareness of the importance of pets, but pets were still referred to as property. The ruling also mentions different judgments that are based on similar cases and alludes to a judicial decision from 20 years ago which provided an approach that can be described as ahead of its time.

In the US and UK, pets are legally seen as inanimate objects akin to cars, houses or other personal items. Custody cases come down to determining who the sole owner is. In Australia, there is no legislation as to how to courts should navigate living arrangements for pets after a breakup.

France changed its law in 2014 so that pets were considered “living and feeling beings” rather than “movable goods”. The new status meant that couples could fight for shared custody in divorce cases.

The article from Spain’s RTVE is here.

Pet custody is going to California

Pet custody is closer to becoming a reality after California passed a law making pets community property but letting judges decide who gets to keep them. What is Florida’s law on pet custody?

Pet Custody

California Dreaming

All the leaves are brown, and the sky may be grey, but California just began a new era for how pets are treated after a divorce. A new law passed on Thursday makes sure pets are seen as more than just property when it comes time to split up assets in a divorce.

According to the San Diego Tribune, Assembly Bill 2274 will ensure care of a pet is taken into consideration both while divorce proceedings are underway and after they’re made official.

With the new law, a person can petition the court for sole or joint ownership based on care of the pet, which is defined to include “prevention of acts of harm or cruelty” and “the provision of food, water, veterinary care and safe and protected shelter.”

The law also adds a new ability for a person in the divorce to request an order that would require one person in the marriage to care for the pet prior to the divorce becoming final.

Florida Pet Custody

I’ve written on the development of pet custody cases and statutes before. Pet custody cases are becoming more and more prevalent around the country. That is because state lawmakers and advocacy groups are promoting the notion that the legal system should act in the best interests of animals.

Pets are becoming a recognized part of the family. About 15 years ago, states began to allow people to leave their estates to care for their pets. Recently, courts have gone so far as to award shared custody, visitation and even alimony payments to pet owners.

Florida doesn’t have pet custody or visitation laws. Florida courts are already overwhelmed with the supervision of custody, visitation, and support matters related to the protection of children.

Accordingly, Florida courts have not or cannot undertake the same responsibility as to animals.

I Remember California

The law in California used to be like Florida, viewing pets as property to be argued over in the separation of assets.

“There is nothing in statute directing judges to treat a pet differently from any other type of property we own, I know that owners view their pets as more than just property. They are part of our family, and their care needs to be a consideration during divorce proceedings.”

Now, rather than seen as a valued property item or dollar amount to be divided, the well-being of the pet will get more consideration.

California Calling

Supporters of the law hope the new law will lead to fewer homeless animals. But not everyone is happy. The Association of Certified Family Law Specialists opposed it, saying divorces already face significant delays and issues of contention in court, especially when it comes to children.

“By adding in sole or joint ownership of pet animals as a determination courts can make in divorce proceedings, the already backlogged family court proceedings may become even more delayed as judges consider the myriad factors that come into play when making decisions about community property division and child custody.”

The San Diego Tribune article is here.

 

Pet Alimony?

Sarah Bronilla is suing her ex-husband, Joshua Rosen, for over $32,000 in alimony. No, not alimony for herself, but for their pampered English bulldog, Lola. The case arising out of New York may be one of the first “dogimony” cases.

As the New York Daily News reports, when Sarah Bronilla and Joshua Rosen separated in 2012 – after six years of marriage – Rosen agreed he would pay Bronilla $200 in monthly “dogimony”, she says in her Manhattan Supreme Court lawsuit against him for pet alimony.

Florida Alimony

In Florida, alimony is governed by the Florida Statutes and relevant case law. The starting point in any alimony case is whether there is an actual need for alimony by a spouse, and the ability of the paying spouse to pay for alimony.

However, Florida Statutes are silent as to pet alimony.

I have written about divorce and pet issues several times. Pet custody, or who gets the pet dog, is a frequent problem. Alaska became the first state to enact a pet custody law.

A bill was introduced in the House of Representatives in Rhode Island which is very similar to the law of Alaska which was enacted this year. The Rhode Island bill requires judges to “consider the best interest of the animal” in a divorce or separation. Currently, there is no such provision in the works in Florida.

Florida does not have any pet specific custody or divorce laws. In fact, the alimony law is written in such a way that the court can only grant alimony to a party, not a pet of the parties.

Just because there is no specific law authorizing pet alimony does not mean: ‘that dog won’t hunt!’ People are free to enter into marital settlement agreements which make provision for support, such as pet alimony, that the law does not.

Those contracts could be enforceable as Mr. Rosen in New York may find out.

New York Pet Alimony

According to the New York complaint, Rosen not only agreed he would pay $200 in monthly pet alimony, or “dogimony”, Rosen also agreed to cover total food costs and half of the vet bills for the pet dog.

But the ‘deadbeat dog dad’ has skipped out on his financial obligations for pet alimony, Bronilla alleges in the lawsuit filed in Manhattan Supreme Court.

Bronilla says she has had to cover $12,000 for upkeep, $18,000 for food and $2,335 for health costs for the pooch, described as “fawn-colored” in the lawsuit.

In addition to the unpaid pet alimony, Bronilla claims Rosen owes her around another $100,000 related to their settlement agreement, including money from a portion of a business he sold.

The New York Daily News article is here.

 

Pet Custody News

When couples get divorced, children are not the only ones who can get caught in custody disputes. As the New York Times reports, pet custody fights over the beloved chocolate lab can be just as painful.

Status of Pet Custody

Pet custody cases are becoming more and more prevalent around the country. That is because state lawmakers and advocacy groups are promoting the notion that the legal system should act in the best interests of animals.

Pets are becoming a recognized part of the family. About 15 years ago, states began to allow people to leave their estates to care for their pets. Recently, courts have gone so far as to award shared custody, visitation and even alimony payments to pet owners.

One case in San Diego that gained national headlines featured a pointer-greyhound mix named Gigi, who was the focus of a contentious divorce between Dr. Stanley and Linda Perkins.

At first, they were granted joint custody of Gigi, but neither human was satisfied with the arrangement. A court fight followed that took two years and cost about $150,000 in legal fees.

The court case involved a court-ordered “bonding study” conducted by an animal behaviorist and a videotape, “A Day in the Life of Gigi,” showing the dog spending time with Ms. Perkins, who was ultimately awarded sole custody.

It has been reported that there has been a 27% increase in pet-custody cases over the past five years, with 20% of respondents citing an increase in cases where judges had deemed pets an asset in a divorce.

Pet custody is not limited to just dogs and cats. Owners of exotic pets — including an iguana, an African grey parrot, a python, and a giant 130-pound turtle — have been involved in disputes.

Current Pet Custody Legislation

I’ve written about pet custody issues before. Alaska became the first state to enact a pet custody law. The law allows a court to consider the animal’s well-being. The measure, which defines animals as a “vertebrate living creature not a human being,” took effect in January of this year.

Currently, a bill was introduced in the House of Representatives in Rhode Island which is very similar to the law of Alaska which was enacted this year. The Rhode Island bill requires judges to “consider the best interest of the animal” in a divorce or separation.

The Times article also notes the popular theory that pet custody battles flare when there are fewer or no children in a family, and pets have become the focus of a couple’s emotions.

Historically, judges in divorce cases have gone through the same steps in determining pet ownership as they did with property. They figured out which property belonged to the couple, how much each piece was worth, and whether some agreement was in place about who got what.

Florida Pet Custody Law

Florida doesn’t have pet custody or visitation laws. Florida courts are already overwhelmed with the supervision of custody, visitation, and support matters related to the protection of children. Accordingly, Florida courts have not or cannot undertake the same responsibility as to animals.

A chocolate lab may be considered a member of the family to you, but under Florida law, your dog “Brownie” is just personal property to be divided in divorce in Florida.

Not all states have ruled out a visitation schedule for dogs. For instance, while Texas also views dogs as personal property, in one case a Texas court authorized visitation.

The New York Times article is here.

 

Divorce and the Pet Dog

On behalf of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, November 26, 2013.

An ever increasing problem in divorce is over who gets to keep the pet dog and cat during and after the divorce. Imagine you’ve been married for 12 years, but you don’t have any children. Your Labrador Retriever is your closest friend, guardian and constant companion. The problem is your soon-to-be ex-husband or ex-wife feels the same way.

Nearly a quarter of divorce lawyers surveyed across the country have noticed an increase in pet-custody cases in the last five years, according to the American Academy of Matrimonial Lawyers. The article can be read here.

There is a shift occurring in our society in which the … pet is considered more a member of the family … and therefore becomes sadly a part of the battle when the family disintegrates,” said Joyce Tischler, founding director of the Animal Legal Defense Fund, a non-profit organization based in Northern California.

A 2001 survey by the American Animal Hospital Association found that 83 percent of pet owners refer to themselves as their pet’s “mom” or “dad.” That relationship is not acknowledged by the courts, where pets are still considered property, no different from the silverware, the plasma TV and the living-room sofa.

So, who does a judge award your Chocolate Lab to? Can a judge order a timesharing schedule? Any visits at all? Clients often come to me with their concerns about pets in the divorce.

Your chocolate lab may be considered a member of the family to you, but under Florida law, “Brownie” is merely chattel – personal property to be divided in divorce. A judge lacks authority to grant custody or award visitation or a timesharing schedule to personal property.

Not all states have ruled out a visitation schedule for dogs. For instance, while Texas also views dogs as personal property, in one case a Texas court authorized visitation.

Florida doesn’t because Florida courts are already overwhelmed with the supervision of custody, visitation, and support matters related to the protection of children, that courts cannot undertake the same responsibility as to animals.