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Landmark Property Division Case Concerns Couple's Dog

A miniature dachshund named Joey has been getting a lot of news coverage lately after the pup became the center of a matrimonial pet custody case. This case is taking place in New York City, but it reflects many other pet battles that take place all throughout the United States. People love their pets, and some may even be so attached to their pets that they consider them to be children. Yet when divorces take place, animals are typically regarded as property.

The court doesn't normally consider custody for the pet, and instead appraises the animal based on it's value and gives the animal to one spouse as a part of the property division. When two spouses both desire to keep the pet, it can create serious issues. In New York, a couple is currently in court over this situation. Both the husband and wife want custody of their two-year-old miniature dachshund.

The husband in the argument claims that he bought the pet from the pet store when he was 10-weeks-old. The wife in the argument says that the puppy was given to her as a gift when she was dating her now-husband and was a consolation because he had compelled her to get rid of her cat.

Slowly, more and more states are starting to see the emotional connection that many owners have with their animals and are permitting animal custody cases rather than treating the pet as property. In Alabama, a judge even awarded one party custody of a dog after considering the pet's "best interests" in a case similar to a child custody case.

Many courts, such as this one in New York, are scheduling hearings for animal cases. If you are dealing with a pet custody case in your divorce and want legal representation, contact Cutter & Lax today. With the right San Fernando divorce attorney on your side, you may be able to get the custody that you want in your case.

Categories: Property Division

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