Couples-Fighting-for-Pet-Custody-During-Divorce
Once almost completely unheard of, custody battles involving pet ownership are becoming a reality of the 21st Century. As increasingly more civil unions, domestic partnerships and same-sex marriages break apart, it is not surprising that the number of custody fights over who gets a couple’s dog, cat or bird is also on the rise. A recent survey of 1,600 matrimonial lawyers revealed that at least a quarter of respondents saw a definitive increase in pet custody cases since 2001—with some attorneys handling a 15 per cent increase in just the last few years alone.
As Sue Manning of the Associated Press writes, pets used to be considered mere “property,” something to be “divvied up like furniture during divorce proceedings.” But things are rapidly changing, she points out. Indeed, in 2011, attorney David Pisarra and pet consultant Steven May of California teamed up together to write a book on this trend entitled “What about Wally?” which discusses how to co-parent a pet with an “ex.” (Both men had previously been involved in separate custody battles over pets, although Pisarra had represented May during his proceedings and the two became friends.) They discovered that while few laws exist on this subject, nevertheless “a shifting consciousness” is emerging that allows pets to be “given greater consideration under the law.” In Illinois, there are currently divorce lawyers working towards the passage of laws that address this issue called “companion pets.”
These days, both men and women are no longer embarrassed to seek pet ownership or co-ownership. At the same time, judges may be recognizing people’s emotional attachment to their furry friends. Formerly, divorce proceedings only referred to “canine” or “feline” issues when kids were involved, as most attempts were made to keep the pets with the children. Today, however, it is not unusual for a settlement to provide “pet visitation rights” to both sides involved in a proceeding. Of course, if the partnership or marriage being dissolved contains multiple pets–like two dogs, three cats, and a bird for example–it wouldn’t be all that shocking if it takes slightly more time for both parties to work out visitation or “co-parenting” rights.
Michael C. Craven is a well-known divorce attorney in Chicago, CPA and a partner of the law firm, Beermann Pritikin Mirabelli Swerdlove LLP. (Formerly of Beermann, now a Partner at Harrison LLP) located in the Chicago area. He is highly respected among other divorce attorneys, judges and his clients. He also holds a Master of Tax Law Degree (LLM). For more information about his services, contact Michael at mcraven@harrisonheld.com or at Divorce Lawyers Chicago
