David V. Diggs
By David V. Diggs, Esq., Lisa Bogan-Reohr, Esq. and Rachel B. Fabrizi
When a couple makes the heart-wrenching decision to separate, there are numerous problems to address. Not too far down that overwhelming list, they may ask, “Who will supply a house for the family pet?” If the parties can not pertain to an agreement on numerous issues, including pets, the court might need to make the final decision.
While possibly old-fashioned, Maryland law predominantly treats family pets as personal property: If divorcing couples can not agree on who keeps the animal, the preliminary question is one of ownership. If the household pet is owned by one party, the inquiry ends there. The owner keeps his/her residential or commercial property. If the pet is jointly owned, as numerous are, the concerns end up being more made complex. Ultimately, if the parties are unable to agree on the collectively titled animal, it will be sold, and the proceeds are divided.
In 2010, a Calvert County judge ruled that the divorcing celebrations were to split custody of the household pet dog. His decision bought that each celebration have the dog for six months at a time. The judge acknowledged that both parties loved the dog equally which “the only reasonable thing to do was provide each one equivalent opportunity to share in the love of the pet dog.” It is noteworthy that the Prince Frederick couple consented to having the trial judge choose the “custody” of their pet. Missing such contract, there is no system under Maryland law allowing such an award.
In a 2013 New York case, the trial judge held that “a rigorous residential or commercial property analysis is neither preferable nor proper” for pets in a divorce case and that “the standard to be used will be what is finest for all worried.” The judge allocated the parties a complete day to “prove” not just which individual would take advantage of having the dog in his/her life but also why the dog had a much better possibility of living, succeeding, caring and being loved in the care of one spouse over the other.
As the result of a change numerous years ago to Maryland’s domestic violence statute, a judge might purchase “temporary belongings of any family pet” in granting a protective order versus an abuser. Issues related to pet custody might likewise be mediated by separating parties.
Pet custody law is similar to that associated to child custody, however not as fully developed. Several elements might be thought about: who bore the major obligation of looking after the family pet’s need’s (feeding, strolling, grooming, taking the animal for veterinary care) when the celebrations were together? Who invested more time communicating with the pet on a regular basis? Who paid the vet expenses?
When divorcing, celebrations may participate in a separation agreement. As part of this arrangement, they may agree on who has belongings and custody of a pet. They may agree to share custody. They might establish a visitation schedule, requirements for transportation, the division of costs, and so on. The parties may agree upon a veterinarian and decide who will be accountable for the scheduling, transportation and payment. They need to also consider laying out a procedure for an end-of-life choice.
If you are pondering separation or divorce, with or without pets, you will have lots of concerns. You must speak with an attorney who is familiar with this area of the law and who will assist you in making notified decisions. David Diggs is experienced in all facets of family law. If you require additional information concerning this topic, contact us, The Law Workplace of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 204, in Millersville. Call 410-244-1171 or email [email protected].
Source: https://www.severnaparkvoice.com/stories/pets-and-divorce-who-will-have-custody-of-rover,36170?