Articles Tagged with pets and divorce

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Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

We have discussed it several times before, pets are one of the most important parts of a divorce to be ignored from a legal perspective. Other key aspects of a split, including money, property and, obviously, children are all addressed by various laws and must be signed off on by a judge. Animals, on the other hand, are at best treated like any other item of personal property or, at worst, utterly ignored. Given the importance many people place on their pets, experts have said for years this is an area of the law that is ripe for change.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

We’ve discussed pets and divorce previously and the issue is almost always handled the same way no matter where you are. Though we might consider our pets part of the family, the fact is that the law does not. In fact, in a divorce, courts across the country have long operated under the assumption that pets are no different than any other piece of property. Rather than subjecting the division of the pets to the same kind of best interest test that children enjoy, pets get allocated between the parties like a couch or some old dishes.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

A recent divorce case in Canada dealt with the thorny issue of what to do with a pet after a divorce. The couple in question had three dogs and the wife had asked that she be given custody of all the pets, but requested that the judge grant visitation for 1.5 hours each week to her ex-husband. Though this might seem like a fair compromise, the judge presiding over the case took the opportunity to clearly lay out why he believes courts have no business intervening in such matters.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

Custody battles between parents in a litigated divorce case can turn into ugly proxy wars in which, sadly, children serve unwillingly on the front lines. The battles, which often have little to do with the children themselves, are instead often “about control and winning and lashing out” when one parent feels hurt by the words or actions of another.