For many people, pets are like their children, but in the eyes of most laws, pets are just another piece of property. Massachusetts is attempting to change that by passing a law that treats pet custody separately from asset allocation in the case of a divorce or separation of non-married partners.
The new law would allow judges to evaluate whether to award custody to the person who did not pay for the animal (i.e. “own the property”). The National Coalition Against Domestic Violence reports that 71% of pet owners entering domestic violence shelters report that their abuser had threatened, injured, or killed family pets. If passed, the law would take previous abuse into account when determining future ownership, and could award custody that is in the animal’s best interest, regardless of who initially paid for the pet.
Anyone who owns a pet knows that they are far different from other types of “property” and carry deep sentimental and emotional bonds. In four out of ten divorce proceedings involving dog owners, neither party wanted to give up their pet, making custody laws and individual circumstances important for both the dog and its multiple owners.
If you have a situation that causes headaches or seems to result in an unsatisfactory solution, maybe it’s time you follow Massachusetts’ example and codify a policy that leads to the outcome you prefer.
Thanks, Meg!
