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NEWS: Judge Orders Shared Custody Possession of a Dog.
For now, the $40,000 legal fight about Dexter the dog is over, but one “parent” isn’t happy with a judge’s decision.
A judge in Salem, N.J. ordered a former couple to share custody possession of Dexter, after the pair paid lawyers [1] a ton of money in fees in what was seen as a test case.
Eric Dare and Doreen Houseman spent 13 years together but never married, and broke up in 2006.
Judge John Tomasello said Dexter must spend equal time with Houseman and Dare. Dare reportedly told reporters he may appeal the decision.
Previously, a Superior Court Judge determined that the Dexter was joint property and a suitable arrangement must be determined.
Earlier, another court decided pets have a special value beyond being basic property.
Previously, courts found that a dog or a cat was not a child, but rather a piece of property like a table or a lamp that would be divided in divorce.
This latest ruling could change the animals-as-property notion.
One legal expert interviewed by Fox 29 said the case may set a precedent for courts to look past how much a pet cost, and instead consider the subjective value to the ex-spouses when making a determination.
[SOURCE]
See related news story, published in the New Jersey Law Journal.
See also: Canine Custody in New Jersey Divorce Proceedings, by John S. Eory, Esq.
See my prior blog posts: (1) Specific performance is the appropriate remedy when an agreement concerns possession of property such as pets, heirlooms, family treasures and works of art that induce a strong sentimental attachment; and (2): A couple’s battle about who gets to keep their dog can become a courtroom drama
See related LinkedIn discussion: Has anyone dealt with the issue of “pet custody” in divorce mediation discussions?
Read MORE, published in the Divorce Saloon.
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NOTE: This Blog/Blawg, NJ Family Issues, is managed by Paul G. Kostro, Esq., an attorney/lawyer/mediator in Linden, Union County, New Jersey.
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- The attorneys in this case are: Gina A. Calogero, Esq. (who reportedly has been called the “F Lee Bailey of dog law”); and James M. Carter, Esq. [↩]
Somewhat related:
Paws4Laws.com is the official legislative blog of the American Rottweiler Club.
The American Rottweiler Club belives in advocating for ALL dogs, and ALL dog owners, regardless of breed, mix or type, and club/registry affilation, or no affiliation at all — the goal is to advocate for fair and evenly applied legislation, and to help people live happily and safely with dogs in the community.
Comment by PaulKostro — November 16, 2009 @ 1:29 pm