Louisiana Pet Lawyer

Getting Serious About Pet Custody

I get calls on this subject every month. I'm glad to see Wisconsin attempting to address the issue of pet custody. Wisconsin legislators have introduced a bill to govern how divorcing couples and the courts should handle pet custody battles. The measure would let couples specify, among other things, physical custody, visitation and the right to move pets out of state. This is a big step forward. Traditionally, courts have considered pets as property, so the issue was who owned the pet without regard to emotional attachment or who might be the better caregiver.

The law's author, representative Sheryl Albers said her husband and his ex-wife bitterly fought over who should care for the family's Labrador, Sammi. The kids wanted to keep Sammi, but neither parent wanted the dog full time. According to Albers and court documents, a judge ordered that Sammi should split her time between mom and dad just like the other three children. The experience convinced her that the law needed to change.

Source for Post: latimes.com

Pet Custody: Pets Rescued During Hurricane Katrina

Army Lt. Jay Johnson was in Iraq when his family told him that volunteer rescuers who worked in New Orleans after hurricane Katrina had taken his Shih Tzu, Missy. He's one of about 20 Katrina survivors who have sued humane societies, animal rescue agencies, or people who adopted the animals, for the return their pets.

The lawsuits are efforts to reunite pets with their families. They raise questions about whether animals should be treated as property or as members of the family. State laws for the most part favor the original guardians because pets are considered property, not family. "Finders, keepers" laws typically provide that property must be abandoned for at least a year before the original owners lose their rights to it unless the finders can prove they made a good-faith effort to find the owner. In Louisiana, the requirement is three years.

Read more about the lawsuits at The Christian Science Monitor online.

Technorati Tags: Humane Society, Pet Care, Pet Custody, Pet Law

Provisions for a Pet Custody Agreement

If you get a divorce or separate, who will be the primary guardian for your pet? How often will the other person get to visit your pet? When a couple splits, they often disagree about who will care for their pets. Recently, courts have become more likely to consider pets as part of a divorce proceeding, but the law is unclear. So, it is a good idea for pet guardians to draft an agreement that details their wishes regarding care of their pets in the event of separation or divorce.

Some sample provisions for a joint/shared custody arrangement might include:

• Both parties will have joint custody of the pets
• The pets will spend approximately one-half of his/her time with each guardian
• Each guardian will pay the entire cost of daily expenses when the pet is with each one
• Each guardian will pay one-half the costs of veterinary bills, pet health insurance and other extraordinary expenses
• All major decisions regarding the physical location, support and veterinary care of the pets shall be made by them jointly
• Each guardian agrees that disputes under the agreement will be settled by mediation
• Each guardian will make a good faith effort to stay in their current community and will not move without the written consent of the other

These are just a few examples. A comprehensive agreement between the guardians can prevent disputes and help to resolve them if they come up.

Technorati Tags: Pet Care, Pet Contracts, Pet Custody, Pet Law

Family will return pet lost in Katrina

A New Orleans dog left homeless and without his family after Hurricane Katrina might finally be returning home after a year of moving from shelter to shelter and finally taken in by a family in Pennsylvania. Rocket, a 2-year-old chow-Finnish spitz mix could soon be on a flight to New Orleans and reunited with Sheila Combs and her 10-year-old son, who lost their home in addition to Rocket in the hurricane.

Many stories like this one are being played out across the country as pet guardians from the Gulf Coast try to relocate and reunite with pets they lost track of during the hurricanes.

Some cases are ending up in courtroom custody battles. In New Jersey, a judge earlier this year ruled that a Louisiana family who lost its dog after the hurricane — not the New Jersey family that adopted him — should keep the dog. An 86-year-old hurricane victim recently filed a lawsuit in attempt to get back his poodle from a woman in the Pittsburgh area, according to the Pittsburgh Post-Gazette.

Read more here: Family will return pet lost in Katrina (phillyBurbs.com) | Courier Times:
Source for post: www.phillyburbs.com

Technorati Tags: Pet Care, Pet Custody, Pet Law

Pet Custody and Divorce

If you get a divorce, who will be the primary guardian for your pet? How often will the other spouse get to visit your pet? Pet custody disputes are on the increase and reflect the changing relationships we have with our pets. Many pets live indoors and often sleep on a cozy bed with husband and wife. When the couple splits, they often disagree about who will care for their pets.

Most courts consider pets as property like a piano or microwave, but most pet guardians consider pets as a part of the family. Courts typically don't consider the needs or interests of the pet. So, it is a good idea for pet guardians to draft an agreement that details their wishes regarding care of their pets in the event of separation or divorce. The agreement can take into account what you consider to be in the best interest of your pet and who can best provide for your pet's needs.

Grant Griffiths, a Kansas Family Lawyer, has more on this topic in his blog, Kansas Family Law Blog. You may also want to check out this article by DenverPost.com.

Technorati Tags: Pet Care, Pet Custody, Pet Law

Domestic Violence Protection For Pets

The state of Maine passed a law this month allowing judges to include pets in protective orders for spouses and partners. The law is the first of its kind in the country and is designed to prevent abusers from harming pets in order to intimidate their victims. Studies have shown that many domestic violence victims stay in abusive situations out of fear that their pets will be harmed. According to those who work with victims, it's not uncommon for abusers to take out their anger on the family pets. Victims often fail to report the animal abuse out of fear. Even though Maine is the only state with this type of protective order law, judges in some states include pets in protective orders. Also, some animal welfare agencies have special safe haven programs that provide for confidential shelters for victims and pets.

Technorati Tags: Pet Custody, Pet Law

What is a Pet Lawyer?

A pet lawyer helps pets and their people plan for their future and resolve disputes.

Here are some ways a pet lawyer can help you:

• Estate Planning - draft your will or other document to help you provide for your pet
• Custody Disputes - plan who gets your pet if you and your partner divorce or separate
• Business contracts - draft animal-specific contracts for your boarding, pet sitting, grooming or other pet care business
• Contract and other disputes - resolve issues between pet owners and pet care providers, landlords, neighbors and other pet owners

Technorati Tags: Estate Planning, Pet Custody, Pet Law, Pet Lawyer, Pet Trust