How the Law Views Pets as More Than Just Property

When a couple decides to divorce, determining the custody of family pets can become a significant issue. In New Jersey, the legal perspective on pets has evolved to view them as more than mere property. This article examines recent developments in New Jersey's approach to pet custody and the factors courts consider in these cases.

The Evolution of Pet Custody Law in New Jersey

Historically, New Jersey law categorized pets as personal property, similar to household items such as furniture or electronics. During a divorce, this meant that pets were typically assigned to one spouse without taking into account the emotional bond between the pet and its owners. However, advocacy from organizations like the ASPCA and the Humane Society has prompted a reassessment of this stance.

In 2009, a significant case heard by the New Jersey Court of Appeals influenced the state's pet custody laws. The case involved a couple who had agreed to share custody of their dog post-relationship. When the man later refused to honor this agreement, the woman sought legal validation for their informal arrangement. Initially, the ruling classified the dog as personal property, granting ownership to the man and ordering monetary compensation to the woman.

On appeal, the court acknowledged that the value of a pet is subjective and not easily equated to a price. Recognizing the strong attachments pet owners form with their pets, the court ruled that pets should be valued similarly to heirlooms, allowing judges to consider arguments that pets are unique property warranting special consideration.

Factors Influencing Pet Custody Decisions in New Jersey

New Jersey courts consider several factors when determining pet custody arrangements:

• Ownership Before the Relationship: Prior ownership of the pet by one party is a significant factor.
• Daily Care and Responsibility: The responsibility for the pet's daily care, including feeding, walking, and veterinary visits, is evaluated.
• Financial Contributions: The court assesses which spouse pays for the pet's food and medical expenses, and who is better able to continue providing for the pet's needs post-divorce.
• Children's Attachment: The relationship between the pet and any children involved is crucial; if a child has a special bond with the pet, custody may be granted to the parent with primary child custody.

Seeking Legal Assistance in New Jersey

As the recognition of pets' status evolves, couples facing divorce should seek legal advice to navigate pet custody complexities. For questions about pet custody or other divorce-related issues, individuals can contact us at 732-751-4991 for a free first consultation.