Fur Flies As Cases Of Pet Custody Rise
By: Big 2 News Staff
Updated: March 1, 2012
They still fight like cats and dogs in divorce court. But more
and more they are fighting about cats and dogs.
Custody cases involving pets are on the rise across the country.
In a 2006 survey by the 1,600-member American Academy of
Matrimonial Lawyers, a quarter of respondents said pet custody cases
had increased noticeably since 2001.
The academy is due for another survey, but there is no doubt such
cases have grown steadily since then, said Ken Altshuler
of Portland, Maine, a divorce attorney and AAML president.
If there is a child involved in a divorce, many judges will keep
the pet with the child, attorneys said.
"But what do you do when the pet is the child?" Altshuler asked.
Breakups in same-sex marriages, civil
unions and domestic partnerships are among reasons pet custody fights
have become more common,
attorneys said.
Pet custody cases have grown as much as 15 percent in his office
over the last five years, said attorney David Pisarra of
Santa Monica.
He is his own best example. He shares custody of 8-year-old
Dudley, a longhaired standard black-and-tan dachshund, with his
ex, who has remarried and introduced a step-dog to Dudley.
Pet consultant Steven May hired Pisarra six years ago to handle
his divorce. Besides a daughter, May and his ex worked out
custody of three dogs, two cats and Tequila the parrot.
Pisarra and May became good friends and often take their dogs for
walks in Santa Monica. They also teamed up last year to
write a book about co-parenting a pet with an ex titled "What About
Wally?"
Pets are considered property in every state in the country. For
years, they have been divvied up like furniture during divorce
proceedings. But times are changing.
"Judges are viewing them more akin to children than dining room
sets. They are recognizing that people have an emotional
attachment to their animals," Altshuler said.
"There is a shifting consciousness," Pisarra said. "Pets are
being given greater consideration under the law."
