family attorney who fights for pets

by Ms. Lacy Russel MD 8 min read

Do I need a child custody lawyer for my Pet?

Dec 13, 2018 · An attorney reports that sometimes pet ownership is determined by who originally obtained the pet and placed their name on the paperwork. Even though the law does not view pets as more than property, pet custody and care agreements can be negotiated. Many address pet custody terms prior to marriage in a prenuptial agreement.

Are You fighting over your pet in court?

May 18, 2021 · What is Pet Custody? Many people consider pets more than just property; they may regard them as family members. When two people are getting divorced or are separating, there can be an issue as to who gets to keep the pets.. Pet custody refers to the issue that arises when more than one person claims ownership of a dog, cat, or other household pet.

Who was the judge who greenlighted a pet custody case?

Mindi Lasley is a Tampa divorce attorney and focuses her practice in the areas of paternity, modification, child custody, child support and all aspects of family law. Ms. Lasley also handles estate planning and elder law cases and volunteers to assists non-profits assisting animals.

Who gets to keep the pets in a divorce or separation?

Mar 08, 2018 · Fighting over pet custody in a divorce. On Behalf of Katie L. Lewis, P.C. Family Law | Mar 7, 2018 | Divorce |. Couples in Dallas seeking to end their marriage often face disputes over child custody, property division and spousal support. Lately, however, a couple’s love affair over the family pet has entered divorce cases.

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Can my ex take me to court over a dog?

Yes, she can take you to court. The question will be "who owns or who gets the dog." I would get all your ducks in a row - proof of payment of purchase price, proof of payment of veterinary bills, microchip registration (if in your name)...Jan 11, 2013

Who gets to keep the dog after a breakup?

In the event of a simple breakup, the person who bought the dog usually gets to keep possession. The exception is when the dog was bought as a clear gift to the other partner. In that case, the dog may belong to the recipient.

Who keeps the dog in a divorce?

While we may consider them family members, in a divorce a pet is considered property. This “property”, e.g., Fido, is usually awarded to one spouse, although this is changing with some judges now awarding shared custody of pets.Oct 18, 2021

How do you fight a dog in a divorce?

To win a pet custody fight, the most important thing you will need to show is that you spent the most on your pet. Gather any evidence you have of bills you have paid, time spent with your pet, and other factors that show you have put the most money and time into your pet and their well-being.May 22, 2020

How do you prove ownership of a dog?

Establish your ownership rights through the following:Registration. Registration is not always mandatory. ... Veterinary records. ... Microchipping. ... Tags. ... A recent photo of your pet. ... Adoption or purchase records. ... Consider a pet agreement form.

What to do when pets break up?

Avoid arguing in front of your pet or even in the same home. Keep things as calm as possible to make the process easier on everyone involved. Keep things consistent: If you're going through a hard breakup, it can be difficult for you to maintain a consistent routine.Mar 1, 2020

Did dog and Beth divorce?

They became husband and wife in 1992, but separated in 1994 and officially divorced eight years later. Duane and Tawney had no children together, and the famed bounty hunter reportedly said in his autobiography that the marriage “was a disaster from the start.”Sep 2, 2021

Is a pet an asset?

Pets are considered property, just like any other asset, no matter how meaningful or deep your attachment to them may be. So, in the event of a divorce where pet ownership is in dispute, the court has to consider a number of factors similar those that would be considered during a child custody hearing.

Is joint custody of dog healthy?

The most obvious benefit of sharing a pet is that it can keep existing bonds intact, preserving relationships that would otherwise end when a pet that's spent years within a family goes with one party instead of another. No one wants to say goodbye to a beloved dog or cat if they don't have to.

How are dogs affected by divorce?

Dogs view their owners as family, much as we do. In a divorce, they've essentially lost a parent. And if you have more than one dog, they potentially lose a brother or sister, too. These feelings can result in separation anxiety and depression.

How are pets handled in a divorce?

Under the law, pets are considered to be personal property, capable of human ownership and control. ... Courts have considered the best interest of the pets in determining who gets custody of them. They have also awarded shared custody, visitation, and alimony payments to the owners.

Do dogs get sad when separated from owner?

Separation anxiety is triggered when dogs become upset because of separation from their guardians, the people they're attached to. Escape attempts by dogs with separation anxiety are often extreme and can result in self-injury and household destruction, especially around exit points like windows and doors.

What happens when two people get divorced?

When two people are getting divorced or are separating, there can be an issue as to who gets to keep the pets. Pet custody refers to the issue that arises when more than one person claims ownership of a dog, cat, or other household pet. Pet custody occasionally leads to a conflict about ownership and custody rights.

Is a pet a personal property?

Currently, according to pet ownership laws, pets are viewed as a personal property just like other tangible property, such as a car or furniture. However, similar to a rare painting or an expensive piece of jewelry, there is great sentimental value attached to the pet that cannot be replaced with money or an exchange of items of property or money.

What does a judge do in a custody case?

For instance, in child custody cases the judge always makes the determination as to the custody arrangements for the child, guided by the standard of the child’s best interest. However, many judges in multiple jurisdictions will consider written legal agreements, such as a premarital agreement or an agreement regarding the distribution of property, ...

What is a pet custody agreement?

A pet custody agreement is made when people who buy or adopt a pet enter into a contractual type of agreement that details the pet care responsibilities and ownership interests. As noted above, pet custody agreements are the best way to avoid potential disputes involving the custody of the pet in the event of a divorce or separation. ...

What can a child custody lawyer do?

A child custody lawyer can provide pet legal advice. An experienced child custody lawyer could also help a couple draft an agreement with a custody plan in the event of separation or divorce.

What You Should Know About Fighting for Furry Family Members

Although many families consider pets to be a part of the family, most family law courts do not share the same views. In the eyes of the court, there is no difference in a divorce between a dog and the furniture, cars, and silverware.

Family Pets and Divorce Court

One example of how family pets are handled by the court occurred in 1995 at Florida’s First District Court of Appeals. The specific case that decided pet visitation rights in Florida, for example, was Bennett v. Bennett (655 So2d 109 (Fla.App. 1 Dist., 1995).

Pets Need to Cope with Divorce Too

Just as children need to be adjusted to life after divorce, in some cases, family pets struggle with divorce. It is important to look for signs of stress in the pet such as loss of appetite, anxiety, whining or crying often, sleeping excessively, and having bathroom accidents in the home.

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