Divorce or Custody
Displaying 41 - 50 of 68
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Summary |
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| Mitchell v. Snider | This is a case of an unmarried, co-habitating couple that jointly bought a dog and now dispute who should have the dog after the relationship has terminated. Mitchell brought this replevin action against his girlfriend, Snider, to recover possession of Django, their black lab. This court recognized the traditional way to treat such a case is to consider which party has superior possessory right to the dog. However, modern courts have started to recognize a special category of property in pets and have used a 'best for all concerned' analysis to decide who gets the animal. In this case, the court grants judgment for Snider in part because she had been solely responsible for the dog's care for the previous 20 months. No money was awarded to Mitchell because the expenses he paid were an expression of the parties' mutual love and desire to care for the dog. |
| Moore v. Knower | Bruce Moore and Amy Knower were in a relationship and decided to adopt a dog together. Bruce alleged that they both jointly adopted Abby, a Boston Terrier in 2010. The couple jointly shared expenses for the care and management of the dog. After the parties broke up, they agreed to an arrangement in which each party alternated possession of Abby every week. The parties continued this arrangement even during their brief reconciliation up until July of 2015 when Amy Knower refused to exchange the dog with Bruce Moore. Moore filed suit and the trial court found for him and awarded him the use and management of Abby. Knower alleged that she was the sole owner of Abby. Knower appealed, alleging five assignments of error: (1) the trial court erred in finding that she failed to support her claim of full ownership; (2) the trial court erred in finding that she co-owned Abby with Moore; (3) the trial court erred in failing to accept the testimony of Sheila Ford of the Mississippi Boston Terrier Rescue; (4) the trial court erred by stating that there was no basis in law for her to decide the custody of a dog and then doing just that; (5) the trial court erred by exercising jurisdiction over the matter. The Court determined that the trial court did in fact have jurisdiction over the matter. The Court did not find any errors in the trial court’s findings. It concluded that Abby was indeed co-owned by Moore and Knower and ultimately held that Knower had no right to unilaterally end the arrangement. Knower did not supply sufficient proof to support her claim of full ownership. Moore was awarded Abby and the right to solely determine use and management of the dog. |
| NH - Divorce - 458:16-a Property Settlement. | This New Hampshire statute defines "property" for purposes of the state's marriage dissolution (divorce) procedure. In August of 2019, a new provision was added to this law related to animals (Subsection II-a). This subsection states that "[t]angible property shall include animals. In such cases, the property settlement shall address the care and ownership of the parties' animals, taking into consideration the animals' wellbeing." |
| Nuzzaci v. Nuzzaci |
The court refused to sign a stipulation and order (prepared by the parties and signed by each of them and their attorneys) concerning visitation of the divorcing couple’s dog. The court held that a court can only award dog in its entirety to one party or the other. The court advised the couple to come to their own private agreement instead, reasoning that the court has no jurisdiction in this matter and further no way to side with one party or the other in the event of a future dispute. |
| NY - Divorce - § 236. Special controlling provisions; prior actions or proceedings; new actions or proceedings | In 2021, New York amended the domestic relations law requiring the court to consider the best interest of a companion animal when awarding possession in a divorce or separation proceeding. New subsection (5)(d)(15) states, "in awarding the possession of a companion animal, the court shall consider the best interest of such animal. “Companion animal”, as used in this subparagraph, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law." |
| Overview of Pet Custody During Divorce | This overview examines the issue of pet custody during divorce. It briefly explores the four states that have enacted "best interests" legislation for awarding custody of pets. It also discusses emerging issues such as prenuptial agreements for care of pets ("pup nups"), visitation agreements that sync with parenting custody, and challenges to pet custody awards. |
| Overview of Pet Custody in Divorce |
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| P.M.A c/ C.M.A s/ Medidas Precautorias – Familia- Burke and Roma- Argentina | This case involves a divorced couple that shared two dogs, Burke and Roma. The divorced couple had an arrangement where they shared custody of the dogs. After a domestic violence accusation filed by the respondent that resulted in a restraining order, the petitioner was no longer allowed to see the dogs. The petitioner filed an injunction asking the judge to grant visitation rights (provisional communication regime in Argentina) so he could see the dogs. The petitioner argued that the capricious decision not to let him see the dogs caused him pain, anguish, and concern because Roma and Burke were his family. The judge concluded that from a non-anthropocentric speciest view, Burke and Roma were non-human members of the family created by the parties and that the love for the dogs did not end with the divorce. On the contrary, it had transcended the relationship of the couple. Therefore, neither party could be forced to forget about their relationship with their dogs, severing the solid emotional bond based on years of living together. |
| People v. Miller | In this New York case, defendant appeals his conviction for burglary in the second degree, petit larceny, and criminal contempt in the first degree. The incident occurred when defendant went back over to his girlfriend's house after he called her to ask permission to visit the dogs. The complainant declined, saying she had plans for an outing with the dogs that day. Witnesses later observed defendant banging on the complainant's door and subsequently opening a window and climbing in her residence. After forcing entry, defendant took the dogs and complainant called 911. Subsequently, defendant led police on a high speed chase, and, after being arrested, defendant claimed the dogs were licensed to him. The appellate court viewed all the evidence of the elements for each crime and rejected defendant's contention that the verdict was against the weight of the evidence. Thus, the judgment was affirmed. Notably, two judges dissented on this appeal, finding that defendant "had at least a good faith basis for claiming an ownership interest the dogs." The dissent found the dogs may have been jointly owned and that, prior to his arrest, "defendant simply intended to take the dogs for a walk and then return them." |
| Pet Custody During Divorce |