What happens to the dog in divorce? Who gets custody of Spot?
By Deborah G. Spanic, legal writer April 7, 2010 – Divorce can be difficult enough. Child custody arrangements need to be determined and property needs to be divided. But what of the beloved family pet? Who gets custody of Spot? Under the law, pets are considered personal property, yet people are often emotionally invested in their pets and treat them more like members of the family than a piece of furniture. However, unlike the custody of children in divorce, where there is established case law and statutory guidance, there is no guidance when it comes to the disposition of pets in divorce. It’s up to the parties, or the individual judge if the parties can’t come to agreement. And there is no uniform way Wisconsin courts handle these issues. “It’s easy to see the problem, which is that people tend to think of pets as family members and the law regards them as property,” said Judith McMullen, professor of law at Marquette Law School. “It puts pressure on people to work it out for thems
