For all those dog lovers out there, there was a recent case that seems to depart from the prior case law regarding pets during a divorce. As society has become pet focused and there is an awareness of animal rights the idea that pets are just chattel and property no longer seems appropriate in our” enlightened” society.
In a recent King’s County case, a Supreme Court justice found that the defendant wife should keep the companion dogs because she had been their primary caretaker and her demeanor denoted a stronger emotional bond with the animals.
During the trial, the plaintiff husband had testified that he had paid for the dogs, raised, and trained them but he’s had less involvement since leaving the marital home. The parties both had a relationship with the dogs. In prior rulings the husband as the “owner’ would have most likely been the “winner.” In my mind these two dogs, so wanted and cared for, win hands down. L.B.v. C.C.B., (October 6).
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