Easily Remove Smart Field from the Pet Custody Agreement

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How to Remove Smart Field from 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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Is shared custody bad for dogs?

Joint custody, though, is usually not the best thing for your pet. Pets, like children, are often traumatized in divorce or when partners split up. A pet custody arrangement where the pet goes back and forth between houseswhether the house is around the corner or across the countryis not in the pets best interests.

Who gets the dog in a divorce California?

The court shall assign joint or sole ownership of community property pets while taking the pets well-being into consideration. The court can also enter an order requesting one spouse to take care of the animal before the final ownership is determined. Either spouse can petition an order seeking custody of their pet.

Are pets considered property in California?

In California courts, pets are not children. Section 2605 defines a pet animal as, any animal that is community property and kept as a household pet. Essentially, pets are still property, but they are subject to special considerations in court.

Are dogs considered property in California?

Dogs, cats, and other animals are treated as property under the law. That often means that people who kill someone elses dog may have to compensate the owner, just as if they destroyed another kind of property that was not theirs.

What happens with a dog when people get divorced?

While we may consider them family members, in a divorce a pet is considered property. This property, e.g., Fido, is usually awarded to one spouse, although this is changing with some judges now awarding shared custody of pets.

What determines ownership of a dog in California?

Proof of ownership can be as simple as your adoption record from the local shelter or as complex as the AKC registration record. Try to find something formal and have it docHubd to avoid any concerns that may arise in the event of a dispute.

Who legally gets the dog in a breakup?

So remember, in the event of a simple breakup, where neither party is married, but they have shared a dog, the person who bought the dog, the person who can prove that the dog is their property, is the one who usually gets to keep that possession or the dog.

Who gets the pets in a divorce in California?

The family dog, cat, or another pet would be considered a part of the property to be divided when the marriage ended. Often judges would base their decision on which party purchased or adopted the animal. Judges had wide discretion in determining where the pet would be best placed or in arranging visitation schedules.

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