People are very passionate about their pets, but the law still holds that pets are considered property in Indiana. As such, an individual has no special rights toward a pet, including visitation. While this may seem overly harsh, family law clogs up the courts, and it often feels like these cases are never over. As of now, even embittered pet owners will need to work out their own plans for visitation. Ultimately, the court will not consider the best interests of the animal when rendering a judgment.
The issue at play is judicial economy and precedent. The courts are concerned that pet-custody squabbles will wreak even more havoc on an overburdened court. However, our pets have emotional lives, and we care about those lives. They are, arguably, more harmed by divorce and major disruptions to an environment than our children are. The law is just not ready to make the space for them yet.
The Case
The matter involves a divorcing couple, their three children, and a 3-year-old terrier by the name of Roxy, who is treated by the family as a fourth child. The dog participates in family activities and is even allowed to sit at the dinner table. The husband and wife had an agreement in place stipulating that the children could bring the dog if they wanted. However, neither parent was allowed to influence the children either way on whether or not the dog could come. The children showed up without the dog, and the husband filed a contempt action against the wife, stating that she had influenced the situation. The wife claimed that the court erred in even allowing the children to bring the dog since the dog was the property of the wife (and not the children). The appeals court sided with the wife on the basis that the dog was property and not a family member. The wife will now have the right to refuse to allow the dog to come with the children.
If the Husband Wins?
If the husband won, then the courts would have been forced to consider whether or not to treat dogs as children. We have no middle legislative ground. You’re either a child or property. If the husband wins, then the dog is a child. That means the dog gets their own lawyer, their own forensic experts who advocate on the dog’s behalf, and the matter is taken very seriously. In fact, it is one of the most serious considerations that the law makes. So, it also takes time because the court wants to ensure they get the matter right.
Ultimately, dogs will not end up getting the same rights as children, but some form of consideration could be extended to them that gives them more rights than property.
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Chris Arrington represents the interests of Indiana couples seeking a divorce. Call today to schedule an appointment, and we can begin discussing your next moves immediately.