In many divorce cases, custody or ownership of the beloved family pet is very important and the dispute can even become contentious. Sean Palmer, author of the Texas Family Law Blog, recently wrote an interesting article on the subject. It is very well written and I can’t quibble with any of it. My analysis of the subject, under a Ohio law, doesn’t appear to vary from his under Texas law. As barbaric as it sounds, pets are categorized under Ohio law as “personal property”. The court cannot treat Rover as a child, and award custody or shared parenting of him to the parties. But, I have seen Judges on rare occasions designate one party as the pet’s owner and permit the other to have access to the pet. Most domestic relations judges that I have come across are sensitive to the importance pet ownership may have and will patiently consider the facts. Some, on the other hand, are impatient and will tell counsel to just “flip a coin” to determine the owner. If the court is not inclined to consider all the facts and implications, scheduling a private mediation is also an option to consider.
Sean winds up his post by concluding “you need to find out early from your attorney how they feel about your passion for your animal. Some lawyers will not want to deal with your special issues. Try to find an attorney who is both sympathetic to your special attachment and yet practically minded about how to resolve the issues for both your interest and your pet’s best interest.” With that, I couldn’t agree more!
Source: Custody of Your Pet in a Divorce, Texas Family Law Blog, May 8.
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Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he is the managing partner of Holzfaster, Cecil, McKnight & Mues. To learn more about him or the law firm, visit the firm’s website at www.hcmmlaw.com. Appointments are available in person, over the phone or by Zoom. Call us at 937 293-2141.
Robert,
I just got a “pingback” (whatever that is) that directed me to your blog. Thanks for the kind words about my post.
With your permission, I’d like to include a link on my blog to your excellently designed and written blog. If you wish to receiprocate, my url is http://www.texasfamilylawblog.wordpress.com.
Keep up the good work Robert.
-Sean Palmer