Law Office of Joanne Kleiner

Divorce & Pets

Apr 19

What Happens to Pets in a Divorce?

When your marriage falls apart, there are lots of things to think about, lots of ways you have to figure out how to divide things. How will your children divide their time with parents and where will they spend their time? How about marital debts and assets? What about the family pets??? —Wait a minute—that’s not one you’d thought about, is it?

pet and separation

Though people seldom factor the pets into a decision whether or not to get divorced, experts acknowledge that, for many people, pets are part of the family. The unfortunate reality, according to the law in just about every state, is that pets are treated like property in a divorce, not like children. If it’s an amicable divorce and you and your ex can effectively work together, you can have “shared custody” of your animals. If that’s not possible, what will most likely happen is that the court order will give the “property” to one of the parties. In fact, a Pennsylvania Superior Court decision in 2003, which is still law in the state, addressed this very issue.

In DeSanctis v. Pritchard, the trial court rejected a couple’s complaint for enforcement of a divorce settlement agreement that included shared custody of a dog. The couple appealed and the appellate court likened the custody agreement for the dog to “a visitation schedule for a table or lamp.” The court ruled that the canine was personal property and that the parties could not have shared custody of personal property.

A recently enacted statute in Alaska gives animal enthusiasts cause for optimism. The Alaskan legislature passed provisions giving family law courts the authority to make decisions in divorce proceedings about companion animals. Essentially, the Alaskan law allows a court to consider the well-being of the animal when determining who will get the pet—the court can consider such factors as who had the closest bond with the animal and who cared for the pet.

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Let us help you protect your rights. Contact our office online or call us at 215-886-1266 to schedule a confidential consultation. We will help you stay focused on the issues that matter.

Jan 09, 2014

Orders of Protection for Dogs

According to studies conducted by animal protection agencies across the nation, approximately 70 percent of women who have been abused report that the domestic violence abuser has threatened to kill their pets. Additionally, 50 percent of domestic violence victims postpone leaving their home for fear that their dogs, cats, and other pets could be harmed by the abuser.

Some 22 states have laws on the books that allow a victim to include a pet in a protection order against an alleged abuser. Unfortunately, Pennsylvania is not one of them.

It’s been less than one year since the 6-year-old Labrador mix Panzer made national news when the dog won the right to be protected under a restraining order taken out against the boyfriend of a 38-year-old mom.

The mom and her young won and her dog are safe and protected now. The family has for the moment split up, with the family living a shelter, while Panzer is being cared for in a foster family. The family will be reunited once the mother finds stable housing.

The mother’s violent male friend is said to have kicked and dragged the dog in the past. Sadly, Pennsylvania lags behind many other states in the union when it comes to anti-cruelty laws to protect dogs from abusive situations.

Sarah Speed, Pennsylvania State Director of the Humane Society notes that studies indicate where animal cruelty is present, there is also often a high occurrence of spousal and child abuse. Unfortunately, the rural nature of Pennsylvania makes it harder for people to understand that yes, indeed, dogs can be abused and should be protected from cruel behavior by their fellow family members.

Questions About Orders of Protection or Divorce? Skilled Jenkintown Child Support and Family Law Attorney

Discuss your concerns with a knowledgeable family law attorney who has experience protecting the safety of men and women, as well as their pegs, who have been abused and are seeking protection.

To schedule a completely confidential consultation with a knowledgeable and caring family law attorney at Joanne E. Kleiner & Associates, in Jenkintown, PA, please call 215-886-1266 or you can fill out our intake form and we will contact you.

Keeping you focused on the big picture and the issues that matter most…Joanne E. Kleiner & Associates. We serve clients throughout Montgomery, Bucks, Philadelphia counties, and the surrounding areas in matters involving Social Services, Child Protection, child custody, support, divorce, and other family law matters.