FIGHTING OVER FIDO- BONES OF CONTENTION

So many stressful issues to work out when going through a divorce, like parenting plans for the kids and dividing up the property.  What about Fido?  Does he get treated like your kids or like your living room couch?  In New York, the answer is somewhere in between.

Custody or Property? Courts have been grappling with how to classify pets in the legal system. Most pet owners consider their beloved dogs or cats to be members of the family; in fact, my husband swears I love our dog more than him (maybe at times I do ;) Historically, courts in New York haven’t treated pets like people when trying to determine “who gets Fido” during a divorce proceeding.

How much is Fido Worth? In the past, courts tried to figure out the “fair market value” of the animal, and gave one party the pet, while the other got his/her fair share of the property value.  Does a dog’s value decrease over time, like a worn-out sock, or increase over time, because of the family’s emotional attachment through the years?  A recent gallop poll showed most pet owners wouldn’t trade their pets for even one million dollars.  What would your matrimonial judge think?   I won’t venture a guess. 

Who Gets Fido?  Thankfully, courts in New York have recently changed their perspective for the better and have adopted a “best for all concerned” approach to determine “who gets Fido.”  Meaning, the courts will look at various factors such as who historically has taken care of the pet, and whether it might be best for the pet to stay with the kids.  However, Fido won’t be put on the stand to testify- woof woof.

Best to Decide for Yourselves: Still, as with all other aspects of divorce, it is much better if the parties can figure out a pet plan themselves, or with the help of a skilled divorce mediator.  A good mediator can help the parties brainstorm solutions for all issues relating to your pet, such as living arrangements, day to day care, sharing payments for vet bills, dog boarding, and other needs as well. 

Consider burying your bones of contention and work out a plan that makes sense for your family.

Yes, Lori Greene is an attorney but she is not your attorney and this article does not create an attorney-client relationship. This article is legal information and should not be seen as legal advice. You should consult with an attorney regarding your situation before you rely on this information.