NABR Animal Law §ection - Custody Disputes

Bennett vs Bennett 1995 (Florida)
Husband appealed judgment in divorce proceeding which awarded wife visitation with parties' dog. The District Court of Appeal held the dog was personal property subject to equitable distribution and was not subject to award of custody or visitation.
Read the case

[top]

Raymond v. Lachmann 1999 (New York)
New York appeals court granted custody of pet cat.
Read the case

[top]

Desanctis vs Pritchard 2002 (Pennsylvania)
Former husband filed complaint seeking shared custody of the dog he and his wife acquired during their marriage. PA appeals court held that under the clear and unambiguous terms of the divorce agreement, the dog and his social schedule belonged exclusively to the wife. The husband attempted to argue the dog should be treated similar to a child. The Court, however, stated “In seeking "shared custody" and a "visitation" arrangement, Appellant appears to treat Barney, a dog, as a child. Despite the status owners bestow on their pets, Pennsylvania law considers dogs to be personal property.”
(Note – the husband appealed to the Supreme Court of Pennsylvania, but that court refused to hear the appeal. No further legal remedies are available to the husband).
Read the case

[top]

Arrington vs Arrington 1981 (Texas)
Texas appeals court permitted court ordered visitation rights with respect to a family pet following a divorce decree.
Read the case

[top]

FEDERAL LEGISLATION

(current congressional session)
Bills Introduced
New Laws Enacted
Private Right of Action &
Standing under AWA

STATE ACTIVITIES

Animal Cruelty
Ownership v. Guardianship
Personhood for Animals
Pet Custody Disputes
Pet Trusts

Tort Law
Overview
Non-Economic Damages
Emotional Distress
Loss of Companionship
Primary Interests of a Chimp
Veterinarian Malpractice

Ballot Initiatives
Summary

EDUCATION

Dissection

Law Schools
Animal Law Courses
Student Groups

BAR ASSOCIATIONS

American Bar Association
State Bar Associations
Local/Regional Bar Associations

RESOURCES

News Articles
Law Review Articles
International Trends
Events
Quotes
Bibliography
Advocacy Links