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Custody of Pets

By Lynne Z. Gold-Bikin

You may have heard of the story about singer/actress Mandy Moore and her estranged husband Ryan Adams. She recently filed for spousal support to cover the cost of caring for their eight pets. It's a very unique approach, but not one that Pennsylvania recognizes. As a matter of fact, Pennsylvania considers pets as personal property

A 2002 Pennsylvania Superior Court case involved a property settlement agreement giving custody of the couple's dog, Barney, to the wife. Believe it or not, the agreement provided that the husband have visitation. Unfortunately, the wife moved and she no longer made their pet, Barney, available for visits. The husband then filed for shared custody of the dog. After a hearing in which the court did not enforce the agreement, the court explained that, “Despite the status owners bestow on their pets, Pennsylvania law considers dogs to be personal property.” In other words, the court said, any terms set forth in the property settlement agreement that provide for custodial visitation with or shared custody of personal property, are void. It's known as the “Barney rule.” A dog is personal property.

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