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May 10, 2008

PAW PRINTS: Increasing number of couples split up fighting over family pet

By Niki Laviolette

TERRE HAUTE — An increasing number of couples who split up are fighting over the family pet. Pets are being treated more and more like family members and when couples divorce or separate, the pets become a part of the legal settlements. Many attorneys are drafting “petimony” contracts for couples with pets creating a new focus on animal law issues.

A law expert in Sydney, Australia, Michelle Brown, says, “it’s becoming more common for couples, particularly childless or heterosexual pairs, to share access to pets after they split but the law in most nations is not equipped for this.” The law in the United States, Australia, and Britain consider pets as property for which there is no custody or visitation. According to an article in the Journal of the American Academy of Matrimonial Lawyers, the number of legal cases has increased to the point that legal pet issues form an area for specialization. Many bar associations have formed animal law sections and Marin County, Calif., created an animal dispute mediator.

This has led to written agreements regarding custody or financial support of the family pet, with the majority being settled out of court.

Pets acquired during a relationship are often awarded to the person who can prove ownership (one who pays for veterinary, grooming, etc.). Barbra Howe, Ohio Supreme Court Justice, who has ruled on several pet custody cases, says, “it’s a very important issue that needs to be dealt with in a serious manner. The courts are beginning to recognize the intrinsic emotional and physical value provided by these four-legged characters.

These are living creatures that you can’t put a price on.”

Relationships Australia New South Wales (a not-for-profit organization for family dispute resolutions) leader, Anne Hollonds, said, “Pets have taken on a more significant role in families due to the lower birth rate. So, when a relationship splits up, then the pets are as important as the kids. The pets have historically gone with the children but there are now more couples without children who have pets so then it becomes an issue of which adult gets the pet.”

Pet owners overwhelmingly feel that pets are more than property. A Gallup poll revealed that the majority of pet owners would not trade their pet for even $1 million in cash. Most families see their pets as members of their family. Even the terminology used by humane organizations indicates pets are similar to children. People adopt from an animal shelter and animals are placed with a foster family. People often refer to their pets as their children, even identifying themselves as “mom” or “dad.”

Lawrence Weiss, a California attorney, wants cats and dogs to have rights similar to children. Custody of pets could be determined by issues such as which owner lives closest to the vet, has the largest yard, or a friend’s testimony as to which owner loves the pet more.

Pet ownership has increased nearly 19 percent in the last decade.

Spending on the family pet has doubled between 1994 and 2004 (a $34 billion industry annually and growing). Sixty-seven percent take their pets to the vet more often than they see their own doctor.

Forty-one percent take the family pet on vacation with them and 24 percent take them to work. Thirty-eight percent of pet owners telephone their pets so they can hear their voices and 20 percent have altered their relationships over a pet dispute. Owners sleep with their pet, miss work to be with their sick pet, and 73 percent sign greeting cards “from the dog.” It’s time we acknowledge our pets as more than mere property. Public sentiment and conflicting law necessitate that courts re-think their approach to pets when they help couples resolve disputes over ownership.



Lipton

Breed: Hound mix

Sex: Female

Age: Baby

Size: Small

• Four little 8-week-old hound-mix puppies arrived together: Campbell, Progresso, Lipton and Chunky. I believe they arrived around lunchtime. Lipton is a cute little girl who is very camera shy. She’s a tri-colored beauty who lights up when she spots a friendly face. She’d like to make the leap into a permanent home real soon. A leaping Lipton for you? The Terre Haute Humane Society offers 24PetWatch microchips, which include free registration into the 24PetWatch pet recovery service. This pet also comes with 30 days of pre-paid pet health insurance. Call the shelter at (812) 232-0293.

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