Add URL in the Pet Custody Agreement

Aug 6th, 2022
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How to add URL in the Pet Custody Agreement

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my name is Lisa mccurdy Im an attorney at Nixon Peabody in San Francisco Ive been involved in animal law issues for about five years now we just had a panel discussion today with the San Francisco Bar Association discussing animal custody issues the speakers were me bill shoke who is a pet guardian who was able to give us his personal accounts of a custody issue that arose in his life and Joyce Tishler who is the founder and general counsel of the animal legal defense fund the issue of pet custody specifically and really most issues that relate to animal law generally are framed by the fact that under the law in all 50 states animals are considered personal property and for any of us who have pets we know that they hold a much dearer place in our hearts than other types of property do cars tables chairs and and those sorts of things and so litigants and courts in particular are really faced with a difficult situation when custody disputes arise on one hand courts as early as the 1940

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However, when it comes to the legal aspects of separation or divorce in Ontario, pets are classified as personal property or possessions. This categorization may come as a shock to many who view their pets as akin to children.
Legally, in most places, animals are considered property. They are property that have limited rights as dictated by the Animal Welfare Act, but as stated, the protection is limited.
In California, family courts consider pets as personal property, rather than as children or family members, which means they are treated similarly to other assets such as furniture or vehicles. As a result, family courts will generally determine pet custody based on the legal ownership of the pet.
However, in Alberta, as in courts across Canada, pets are still considered chattel. This means if you do not have an agreement in place that deals with custody and care of your pet prior to separation, courts must rely on Section 7 of the Family Property Act to make a decision.
If the couple owns several pets, the court will divide the pets, and each person will keep several pets. If there is only one pet, the court must grant custody to only one spouse. In this case, the court must decide whether to treat the pet as property, person, or both.
A thorough review of the pets history including origin of ownership such as a record of adoption, a proof of purchase or registration papers in the case of a purebred. The person whose name is listed will be considered the legal owner.

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