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Thread: Joint Custody of the pets?????

  1. #1
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    Joint Custody of the pets?????

    Court: No Right to See Ex's Dog
    Tue Jul 9, 7:49 AM ET

    HARRISBURG, Pa. (AP) - No matter how much some people treat their pets like children, the law doesn't allow a divorced couple to have joint custody of a dog, a state appeals court ruled.

    Anthony DeSanctis worked out an agreement with Lynda Hurley Pritchard when they divorced in 2000 that dealt mostly with the future of Barney, a dog Pritchard had gotten from an animal shelter two months before the couple separated in 1996.

    The agreement said the dog was Pritchard's, but set up an arrangement that allowed DeSanctis to visit him, according to court records.

    In March of 2000, however, Pritchard moved from Chester County to Bucks County and no longer made Barney available for DeSanctis to visit.

    In a decision released Friday, the Pennsylvania Superior Court agreed with the Chester County Court of Common Pleas that the law cannot treat the dog like a child.

    "Despite the status owners bestow on their pets, Pennsylvania law considers dogs to be personal property," Justice Frank J. Montemuro wrote.

    He said he agreed with the trial courts that DeSanctis was seeking a court order that is "analogous, in law, to a visitation schedule for a table or a lamp."

    The court noted that DeSanctis still had a legal recourse: He could sue for breach of contract, but all he could get would be the dog's monetary value.

    ---------------------------------
    "Until one has loved an animal, a part of one's soul remains unawakened" - Anatole France

  2. #2
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    You know, I always wondered about that. How sad it must be for your ex to have custody of the dog and you not being able to visit or have them over. Sad

    Don't really see the law changing to allow for joint custody of the dogs.


  3. #3
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    I had a friend once, who had gone through a divorce, and she and her ex actually did share custody of their two dogs, sort of like parents do with their skin kids. For them, it worked well, but I can imagine that it would be tough. When I divorced, we had our Lab, Chuck, and Mimi, our beautiful cat. I don't think we ever even discussed "sharing" either of them. We were lucky, I guess, that we just sort of knew that Chuck needed to stay with him at the house, with the fenced yard, and Mimi would come to the apartment with Helen and me. Both of them thrived, so it was obviously the right decision. But I was always so happy to see that sweet face when I would go pick up Helen. Chuck lived to the ripe old age of 15. And you all know that Mimi is still thriving at 13 years old!

  4. #4
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    Divorces can be so hard regarding the pets in those families !!!A friend of me is in the middle of a divorce now ; they have to "westies" (dogs) , and her ex has not allowed her to see them since the moment she left , now 8 months ago !!! This is so unfair !!!!! I know I would be crying my eyes out !!!

  5. #5
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    It breaks my heart to hear about your friend whose ex has both westies. Guess he must have skipped Kindergarten since he doesn't know how to share!!!


  6. #6
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    A friend of ours had a yellow lab, his ex kept when they were divorced. He was ok with it, since she also had custody of their daughter. Not too long ago, she was talking of getting rid of the dog and he said he would take it. Before he got Angel, she "disappered" His daughter, who is 11, doesn't really buy that story, since she saw dog fur in the back of the van. By the time we heard about it, the dog had been gone for awhile, but I keep checking the humane society page in case she turns up. Being a trained, 5 yr old lab, we are hoping she was already adopted into a good home.

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