Custody Issues
There are no reported decisions in New Jersey involving a custody dispute over a companion animal by couples who are divorcing. A few cases from other jurisdictions have held that the animals are property, like a chair or couch, and that visitation agreements in these particular cases were unenforceable. As an experienced matrimonial lawyer, as well as an animal lawyer, Gina Calogero has the skill and experience to draft shared custody and visitation agreements in prenuptial agreements and divorce settlements. She can do so in a way that is compatible and consistent with New Jersey law and which is more likely to be enforced in the event of a breach.
Pet custody can be a dicey issue, and while divorce lawyers do see it, you will have better success with a pet custody lawyer from New Jersey or family pet lawyers. Gina Calogero is one of the more experienced pet custody attorneys in Bergen County, as well as one of the premier animal law attorneys in Bergen County. These issues can be highly emotional. In one case in California, a battling couple spent over $100,000 fighting over custody of their mixed breed dog, Gigi. A pet is a member of your family and we understand that at our firm.
The status of pets has been raised enough in the public eye, along with divorce rates. This has led to a huge increase in the number of pet custody disputes, which all too often turn into all-out battles. This mindset is never good for the animal or its owners. Shared custody arrangements can be worked out, just the same as joint custody for a child. Costs are also a huge issue, as care of a dog can be thousands of dollars per year and divorcing couples who want shared custody must also be ready to share those costs. Companion animals are like children to us, and at our firm we treat them as such.
The most important thing in such cases is to keep as much out of court as possible. Court time and orders are extremely time-consuming and consequently expensive. The more that you can mediate in matters of pet custody, the better it is for the animal and your collective bank accounts. We don't want you as our clients to spend $100,000 on Gigi.
In some cases, custody of the companion animal is used as a means of revenge or as a way of getting back at the other spouse. At our firm, we highly discourage such cases and we will generally not take them on, unless you are the defendant. It is highly unlikely that an individual who has gained custody in order to exact revenge on a former spouse will take good care of the companion animal, regardless of any evidence they produce to the contrary in court or at mediation.
For additional insights, tune into this video to hear my point of view (on a client custody battle filmed in my office) which featured on Jill Rappaport’s “Today’s Pets” segment which aired on the Sept 18-2008 Today Show.
