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The Matrimonial StrategistLJN NewslettersNewsSections

Custody of Pets

By Laurence J. Cutler and Jeremy J. Sturgeon

Ask any matrimonial lawyer what he or she believes is the most difficult aspect of a divorce, and many will say parenting and custody issues. Custody involves so much more than just financial stability: It concerns the well-being of children, and the physical and emotional bond they share with their parents. In many contested cases, parties hire a custody and parenting time evaluator to determine what is in the best interests of a child. However, what do you do when parties have pets that they consider to be tantamount to children?'

Custody cases involving pets are on the rise across the United States. A survey of the members of the 1,600-member American Academy of Matrimonial Lawyers conducted in 2006 indicated that “pet custody” cases had increased noticeably since 2001. In some law offices across the country, pet custody cases have grown by as much as 15%. In this day and age, most judges are viewing pets as more akin to children than typical household personalty. Judges have been recognizing that people have strong emotional attachments to their animals.

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