Pet Custody Discussions Arise in Divorce Courts

Recent discussions and court decisions may reflect a change in attitudes about how pets should be handled in divorce proceedings.

Kathy Hessler, director of the animal Law Clinic at Lewis & Clark College, has suggested that some state legislatures have discussed changing custody provisions of divorce law to cover pets as well as children, the Oregonian reports. Such modifications would make it possible for judges to grant a joint-custody agreement between the divorced parties.

Earlier this summer, the Philadelphia Inquirer reported that a Court of Appeals reversed the decision of a Superior Court Judge, ruling that the initial judgment should have considered the "subjective value" of a pet pug, rather than considering the dog "just another piece of furniture."

In the meantime, Portland family lawyer Dan Margolis explains that judges are attempting to disentangle and separate all personal property, including pets, saying the only time a judge would rule on pet custody would be in the case of an expensive show dog or cat.

Margolis told The Oregonian, "I wouldn't be surprised if 10 years from now there'd be a change to this…I think they'll take a more holistic view and consider the emotional benefits" paired with being a pet-owner.