Pets and Divorce: Who Gets Custody of Fido?

I am a dog lover and found an interesting article that I wanted to share on my blog. I have had clients agonizing over which spouse was going to get the dog. It's sad when both want the dog and fight like crazy over Fido (but working in Pet Rescue groups it's even sadder when no one wants the pet after divorce).

But when it comes to visitation schedules for Fido, unfortunately, Florida already has case law that makes "pet custody" issues void and unenforceable. If anyone is interested in reading the case law, it can be found using this citation: Bennett v. Bennett, 655 So.2d 109 (Fla 1st DCA, 1995), holding that Pets were subject to Equitable Distribution (like tangible personal property) and not subject to visitation schedules.

Looks like New Jersey is taking a different route!

Here is the article from the ABA Journal.

Categories: Custody, Divorce