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Dog custody figures into modern divorce

MINNEAPOLIS — When couples break up, fighting over flatscreens and wine collections is part of the process. But who gets the dog?

Pet-custody issues figure into divorce more often now than even one generation ago. In a 2006 survey of the 1,600-member American Academy of Matrimonial Lawyers, nearly 25 percent of them reported noticing an increase in cases involving pets.

It's a natural outgrowth of how societal attitudes toward animal companions have evolved: Our dogs and cats have moved from being considered extensions of the family to being part of the inner circle.

"Forty years ago, people were attached to their pets, but they weren't considered members of the family in the way they are now," said Chris Johnson, a family-law attorney with the Minneapolis firm Best & Flanagan.

Yet in the eyes of the law, your little Precious Paws is no different than that flatscreen — he's a piece of property that will be awarded to one side or the other, unless a shared-custody arrangement is made.

"The law sees them as chattel, a piece of household goods, but people care so much about their pets that they're often willing to pay a huge amount to get them," said attorney Cathy Gorlin, also of Best & Flanagan. "People will cede $20,000 to a spouse, plus attorney fees, for a pet that could have been replaced for $500."

But monetary value of a beloved animal is rarely the issue. Gorlin recalls a couple of cases that illustrate the wide variety of paths pet custody cases can take. In one, all the other separation of property was simple, but who got the Yorkie was a giant T-bone of contention. "There were issues about whether the dog was purchased by one party before or after the marriage, and whether it was a gift, because if a gift is given after marriage, it's marital property. Mom ended up paying Dad $15,000 to keep the dog, and it wasn't a young dog."

People involved in a breakup can also use pets as tools of revenge.

"In one case where the dog was used for breeding, Mom was so mad at Dad that while the dog was staying with her, she had it spayed," Gorlin said.

Marshall Tanick, Gorlin's husband, is a Minneapolis lawyer who specializes in animal law. He has written about pet custody for dog magazines.

"About 40 percent of households have pets, and 50 percent of marriages end in divorce, so it's fair to say that pet custody is potentially an issue in about 20 percent of households," he said. Ninety percent of cases involve dogs, 5 percent cats and 5 percent "other" — a category that can get bizarre, such as a couple who had 30 ornate birds.

Pet custody is often more contentious when there are no children in the family, "because the pets are the kids," she said.

"People should think about what's the best for the dog," said Molly Feeney, a dog trainer who splits her time between Minnesota and California. "Where will it get the most companionship? Will it be with the original owner, but be alone 20 hours a day? If you're arguing over a TV, well, one person can just go out and get a new one. But people know that animals are close to the heart, and it hurts the most."

Dog custody figures into modern divorce 05/21/12 [Last modified: Monday, May 21, 2012 5:10pm]
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