Tag: Pet Timesharing Custody

Divorce and Euthanizing the Family Pet

A New York court recently had to decide whether euthanizing the family pet without the knowledge or consent of the other parent during a divorce action violated a New York status quo order. To answer that question, the court had to first determine if the family dog was a marital asset to be distributed or a matter of custody and visitation.

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Cruel and Unusual?

The divorce was in May of this year. The Husband argued that the Wife vindictively violated an Automatic Order by putting their beloved family pet dog “B.” to death without reason, necessity or justification.

“B.” was their emotional support dog, and B.’s custody had not been determined. The Husband testified the Wife did not discuss B.’s medical condition or even give him an opportunity to spend time with B. before putting the dog down. As a result, he suffered extreme emotional distress over their dog’s death. The Husband asked for compensation for this loss in the amount of $1,500 as punitive damages and filed for contempt of court.

The Wife, on the other hand, argued that after the husband returned to the house with the police, he did not take the dog. The Wife also argued that the Husband’s pet was not an emotional support animal, could not even walk without a severe limp, had “too many” masses to count, and was on significant pain medication.

She also argued that she was given a prescription for a tranquilizer for the dog, transported the dog to the Vet, and the dog lunged at the Vet. Because of that, it was the Vet who recommended euthanasia.

The Husband responded that the family dog was adopted from a shelter, and that he was the dog’s sole caregiver. He denied that he was informed of the pet’s conditions, that she had the dog euthanized without his knowledge and consent. He argued that there was no urgent need for B.’s euthanasia.

Florida Pet Custody

I’ve written on the development of pet custody cases and statutes around the country before. Pet custody cases are becoming more and more prevalent as lawmakers promote the notion that the legal system should act in the best interests of animals. This is due, in part, because pet ownership has increased.

According to the American Veterinary Medical Association (AVMA), 36.5% of American households owned a dog and 30.4% owned a cat in 2012. As many of these households know, companion animals usually become members of the family.

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.

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. A new California law changed the way pet custody is handled in divorce cases. The law gives judges the power to consider the care and the best interest of the pet when making decisions.

It’s Up to You New York

The Court reviewed the text of the Automatic Orders which state that neither party can sell, transfer, encumber, conceal, or in any way dispose of, without the consent of the other party in writing, or by order of the court, any property except in the usual course of business, for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.

New York Automatic Orders are codified by a statute which is devoid of any reference to companion animals. Companion animals are not listed, nor provided in, the text of the Automatic Orders. The text of the statute only proscribes the disposition of property.

Additionally, the purpose of the law was to preserve the financial status quo of the parties. It accomplishes that goal by preventing a party in a divorce from dissipating assets in order to deprive a spouse of the property which may have monetary value.

New York statutes include pets in the equitable distribution of property section, but they also are part of the best interests analysis. Questions naturally come to mind. Was it the intent of the Legislature to continue to treat animals as property? Given that the drafters of the statute failed to include any definition – or guidance – as to how courts are supposed to determine “best interests” of animals, the Court is effectively left in a legal vortex to figure it out on its own.

The Court reasoned that the intent of the Legislature was to shift away from treating companion animals as property and ensure that they are given more consideration. Viewed in this way, the husband’s motion sounded punitive in nature, which is the antithesis of an application seeking an adjudication of civil contempt.

Additionally, even if the Court were inclined to find the Wife in contempt of court, the amount of the fine would be limited to $250. The husband had not proved the actual value of his loss of the dog and had not shown that actual loss or injury had been caused.

The court held that the euthanasia of B. the pet dog did not constitute a violation of the Automatic Orders even though the euthanasia was performed without a court order or agreement.

The opinion is here.

Pet Custody in China

Pet custody is sweeping the world. In the People’s Republic of China, a recent divorce settlement was stalled after the divorcing couple was unable to agree on who was entitled to custody of the pet corgi.

Pet Custody

The New Kids in Divorce?

The couple, surnamed Xu and Li, from Quzhou city in Zhejiang, one of the more wealthy provinces in eastern China, agreed to get divorced in April this year. The parties reached agreement on the distribution of their joint assets and debts after their seven-year marriage, with one furry exception.

The couple have no children, but both are enthusiastic animal lovers. Accordingly, custody of a pet corgi dog they had raised together became a central focus of their divorce.

The family court helped the couple divide up joint assets, including property and vehicles quickly, as neither party had any objections. However, when it came to their pet dog, the court was surprised that both demanded full custody of the pet corgi.

Florida Pet Custody

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

Pets are becoming a recognized part of the family, some would argue they’re a modern couple’s new kids. 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.

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. A new California law changed the way pet custody is handled in divorce cases. The law gives judges the power to consider the care and the best interest of the pet when making decisions.

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.

Quzhou’s Corgi Custody Case

The woman, Xu, told the court that she deserved ownership of the corgi. She testified that not only did she buy the dog, but that she raised the corgi by herself. The corgi has become a part of her family and has been by her side ever since, she claimed.

In undermining the Husband’s custody request, she added that her ex-husband Li didn’t take responsibility for looking after the corgi. She described him as a workaholic, who in his spare time played video games.

Although Li acknowledged that he did not feed the animal as often as his ex-wife, or clean up after it, he said he often walked the dog and considered it to be his child.

The court accepted that the corgi was a joint asset in the marriage, but one which couldn’t be divided easily. Eventually, the couple reached an agreement that the corgi would live with the woman, while every month Li should pay alimony to her for taking care of the dog. If the animal became ill, they must share the dog’s medical expenses. Li was given legal visitation rights to the corgi.

After the story was reported, it caused widespread online conversation about the fate of pets in a divorce. One person commented: “A pet is a part of the family, it’s understandable the divorcing couple wanted to fight for it.” Another said: “Now that more couples give up on having children, keeping pets as kids will probably rise.”

Data showed that in 2021 the number of pet owners in China had reached 68.44 million. In the U.S. roughly 70 percent of households own a pet, with dogs being the most numerous pet and salt water fish coming in last.

The South China Morning Post article 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.

 

Dogs, Cats and Hamsters: Who Gets Custody of the Pet?

On behalf of Ronald H. Kauffman, P.A. posted in Timesharing/Visitation on Monday, July 29, 2013.

Imagine you’ve been married for 12 years, but you don’t have children. During your marriage a child custody chocolate Labrador retriever named “Brownie” has been your close friend, guardian and constant companion – especially since your relationship with your spouse has soured.

The problem is your soon-to-be husband or wife feels the same way about Brownie.

So, who does a judge award Brownie 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. In other common law countries, such as the UK, Australia, Canada and New Zealand, we share a similar family law and love of pets.

According to a recent report, pets are increasingly being raised as an issue in separation:

Nearly one in 10 Australians have lost possession of a pet in a relationship breakdown.

About 15 per cent in one Australian survey participants wrongly believed the Family Court would make shared-custody arrangements for their pets.

“Particularly in childless marriages, the animals are really important and people find it difficult to understand why the court can’t deal with the emotional attachment.”

“The pets represent the family,” she said. “They’ve had animals that have replaced the child they couldn’t have.”

“You’re talking about really strong emotional bonds that get formed over time and so it’s not just ‘You keep the lounge room furniture and I’ll keep the bed’,” he said.

Your pet dog Brownie may be considered a member of the family, but under Florida law, Brownie is merely chattel – personal property to be divided in divorce. And 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.