personal property Archives - Ohio Family Law Blog

Pet Custody: Who is Entitled to Keep the Family Pet?

Have you ever wondered what might have happened to Cheeta if Tarzan and Jane had decided to split up? If Fred and Wilma had gone through a nasty divorce, which one would have gotten Dino? Remember Lassie? If Timmy’s parents, Ruth and Paul Martin, had divorced would Lassie’s barking, in an attempt to explain which party she wanted to live with, have even mattered to a judge?

When people divorce, or even when roommates part ways, disputes over what happens to household pets and pet custody can get contentious. Feelings over what is to happen to the family dog, cat, or bird after a split tend to be much more passionate than they are regarding what is to happen to a lawn mower, cappuccino machine, or even to that cool washer/dryer set. That reality is why we at Holzfaster, Cecil, McKnight & Mues are seeing more and more cases involving pets and the right to keep custody of, or visit with, family pets once a split occurs.

Often, pet owners who are facing divorce or a split of some dating or roommate relationship want to treat their household pets as … Read More...

Jason C. Brown, the publisher of the Minnesota Divorce and Family Law Blog, recently posted a very practical article outlining some important steps to take if you are anticipating filing a divorce action. I am grateful that he has allowed me to repost it here. I concur with his wise “nuts and bolts” type suggestions. Remember the old adage, “An ounce of prevention is worth a pound of cure”. Plus, this “ounce of prevention” might well save you thousands of dollars in attorney fees!

Once you break the news of your desire to dissolve your marriage, interesting things may start happening at your house. Critical records and valuable items of personal property may suddenly vanish. It pays to be proactive to ensure that you have all the information you will need to move forward as efficiently as possible.

The wasted time and cost associated with hunting down missing documentation can be staggering. We’ve handled cases where everything from an expensive diamond ring to boxes of business records have taken a “vacation”. We almost always find them, but not without substantial effort. In cases where they are not found, the Court will impose substantial sanctions and assume the missing … Read More... “12 Proactive Steps to Take If You Are Contemplating Divorce”

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 … Read More... “Who Gets Custody of Rover?”