Issue Date: October 9, 2005
Fighting over Fido
Is there such a thing as "dog custody lawyers" for couples who split up?
C.C., Ohio
Unfortunately, no. As a matter of fact, animals do not have the same rights that children do. In many states, pets are looked at as property that's no more important than, say, a couch or a car.
The good news, however, is that there's a growing movement to change the lowly status of pets in custody disputes. Some cities and municipalities are even looking into legislation. "Ten years ago, you would have been hard-pressed to find anyone who took this field seriously," says attorney Joel Zand, a national authority on animal rights. "Now, law schools -- even Harvard -- are offering classes in animal law." Cases covering issues such as splitting veterinary bills and pet visitation are appearing in legal publications.
Some experts recommend puppy prenups -- formal agreements that cover who gets Fido or Fifi if the couple splits. But if you got your pet together and want to avoid lawyers, then your best bet is to put aside bitter feelings and do what the court system won't -- that is, make a decision based on what's best for your dog. For example, if you travel a lot and your ex does not, then wouldn't it be better to give up your pet? Whether you opt to part with your pet or go the visitation route, protect your rights with a simple agreement outlining the specifics, signed before a notary. Also, be wary of "joint custody" arrangements: Heartbroken exes often use them as a way to try to get back together.
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