Fur Often Flies in Pet Custody Battles .Kristen Levine
10/29/2007 13:10:15
“Jade shouldn’t suffer because her mother and I can’t work things out,” explains Riccardo Rainieri who lives on New York City’s East Side.
The Rainieri’s are divorcing after ten years of marriage. They’ve amicably worked out a custody and visitation plan with the best interests of Jade in mind — their 12-year-old golden retriever.
In the eyes of the law, pets are defined as property. Therefore, in divorce cases, a judge’s decision about who gets custody of the pet requires no more legal consideration than deciding who gets the barbeque or the Barcalounger.
Circuit Court Judge Amy Williams presides over family court cases in Pinellas County, Florida. She’s noticed an increase in pet custody issues since 2002 and has determined custody in cases involving dogs, cats, horses, a pig — even an aquarium.
“When it comes to pets, there’s really no legal equivalent to child custody, so it’s best if the couple can work out these issues before coming to court,” she explains. “Otherwise, who gets the pet will ultimately become a property issue.”
In the Rainieri’s case, it may have been easier to come to a reasonable agreement because Jade has been diagnosed with cancer. The couple has set aside their differences to give Jade the love and support she needs during her treatment.
But most couples have a “ruff” time being so reasonable.
In the Midwest, a divorcing couple was clawing over the family felines. The wife claimed the cats ran away, but the suspicious soon-to-be ex-husband hired a private investigator to tail his former love. The investigator captured the woman at home with the cats in question on video. The husband then sued for joint custody in court.
