The Custody of Dexter The Pug Has been Resolved
The above title will have divorce attorneys in West Palm Beach, Florida scratching their heads. As much as a divorcing couple may love their family pets, the law in Florida and elsewhere in the country does not treat family pets like children (and award custody or visitation concerning them).
Generally, pets and other animals owned by a divorcing couple are considered by the law to be like another piece of property to be divided or somehow valued and distributed during the divorce. However, a recent case concerning Dexter the Pug in New Jersey may be commencing a new trend in the law.
Dexter was owned by Eric Dare and Doreen Houseman, who lived together for some time and then separated. A court case over who should retain possession of Dexter commenced. Four years, four court appearances, an appeal, and approximately $40,000 in legal fees later the issue of Dexter has been resolved. However, the resolution did not occur until the New Jersey appellate court ruled that Dexter should not have been treated like a piece of furniture (valued and then distributed) as the trial court had done. Instead, the appellate court ruled that the trial court should have considered Dexter's subjective value (whatever that means). After being so instructed, the appellate court then quickly entered an order, requiring Dexter to rotate between his two owners every five weeks and that the owners were to divide the bills.
Family lawyers in Boca Raton may wisecrack and state that this is a New Jersey decision and has no applicability in Florida. However, changes in the law often start out in a small way. It will be interesting to see if the rationale of the New Jersey decision will begin appearing in divorces in Palm Beach County. I have previously blogged about Dexter and his odyssey through the court system. If you are interested in reviewing an article and video about Dexter and his legal journey, please click here.
To learn more about the issue of pets in Divorce, visit our firm's squidoo lens on this issue at:www.squidoo.com/Divorce-Pet
Watch informative videos by Board Certified Attorney Charles D. Jamieson by clicking here .
Visit his Squidoo page to read his Lenses here .
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