When a husband and wife decide to divorce, children are often caught in the middle of custody disputes. They are often used as pawns in games of retribution with one spouse using emotional attachments to gain leverage.
However, other family members are also trapped between two warring factions.
Family pets or, as some owners would say, "furry children."
Depending on the species of course.
While courts once saw dogs, cats and other animals as personal property, a paradigm shift continues to evolve. State lawmakers have heard the cries of advocacy groups who want family law courts to consider the best interests of pets.
Approximately 15 years ago, the calls for action were heard. Courts began to consider the impact that divorce had on pets. Judges awarded shared custody, visitation and alimony payments to pet owners. States also began allowing estates and trusts to provide for animals following the deaths of their "parents."
The American Academy of Matrimonial Lawyers conducted a study in 2014. Their findings showed a 27 percent increase in pet custody cases over the previous five years. Judges considering pets as assets in divorce grew by 20 percent. Cases are not just limited to the traditional cat and dog. The survey showed an iguana, parrot, python and turtle involved in a "tug of war" over custody.
The Last Frontier is leading the way in pet-related matters in family court. Alaska is the first state to formalize pet custody, a law that took effect this past January. Courts are now allowed to factor in the well-being of the animal, legally defined as a "vertebrate living creature not a human being."
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