Thursday, November 14, 2013
Pets and Divorce
There are all kinds of emotional issues in divorce. One that has not made it to the Mississippi Appellate Courts as of yet that I am aware of is "custody" of the family pet. Most people, myself included, consider their pet a member of the family. When a couple divorces, how is "custody" of the pet treated? There is no law in Mississippi I have located. Some states have treated this issue as standard property division. Other states have started doing a "best interest" analysis similar to custody. Court have been hesitate to do this until recently because giving one party "custody" and the other "visitation" with the family pet has been viewed as more or less the equivalent of swapping a television or other property around every few weeks. If I were to make an educated guess on how this would be handled in Mississippi, I suspect a hybrid Ferguson analysis with the use of a "best interest" analysis under the other factors portion of Ferguson would be used. People maintain joint ownership of property all the time during divorce with each party benefiting from it being maintained. Why not Fido too?
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