There are many decisions to be made during a divorce. Finances must be separated, custody of children must be assigned and property must be divided. When a divorce is contested, these issues are decided in court. Judges quickly realize that every divorce is unique because individuals place different amounts of value on different assets.
One couple may not fight over their house, but they will argue over a treasured personal effect. Other couples may place more value on their home and less on other pieces of personal property. Increasingly, couples across the nation are fighting for custody of their pets in the courtroom.
The New York Post reports that a couple is preparing for a pet-custody case in New York. Shannon Louis Travis and Trisha Bridget Murray both hope to gain custody of Joey, a miniature dachshund. Although the cases have been popping up all over the country, it will be the first pet-custody case to be heard in a New York courtroom.
The Judge Decided That Joey Should Be Treated As A Child, Not As Property
In many divorce cases that involve a pet, the animal is treated as a piece of property by the court and, as such, is divided along with the rest of the couple’s contested property. Judge Matthew Cooper’s decision to hear the pet-custody case shows that a new way of thinking is emerging in the court system.
Some states, such as Alabama, have already had similar cases and have awarded custody of pets based on the best interests of the pet. Other states, including Florida, maintain that animals should be considered property during divorce trials, so the pet issue is usually resolved during mediation.
Judge Cooper is now one of a growing number of judges who believe that pets are more a part of families than a car or a house. His decision may be influenced by the fact that he owns a pet, something that he disclosed before the case was scheduled.
At the Law Office of Elliot Green, we understand that there is no archetypical divorce. You have your own unique set of circumstances that require special attention, which is why we take the time to get to know each of our clients and determine how we can best help them. To discuss your case with us during a free initial consultation, Call Us At 718-260-8668 Today!
Judge Cooper Will Award Custody Based On Who Can Best Care For Joey
Much like child-custody cases, the custody of Joey will be determined by looking at who has provided the most care for him in the past. Murray believes that she should have custody because she spent the most time with Joey, and he slept on her side of the bed. Travis counters that she was the one who bought Joey’s food and took care of other pet-related expenses.
No matter what you are most concerned about during your divorce, we want to help you reach a positive solution, and we will fight to protect your interests throughout your trial. To schedule a consultation, Call Us At 718-260-8668 Today!
