Family lawyers take note -- pets are part of the family

Animals may be mere items of property under the law, but we all know it isn't that simple. And family lawyers need to take that into account, Jennifer Shaw writes in the latest ISBA Family Law newsletter. "Within my own practice, I have handled numerous issues surrounding the custody, care and expenses of animals," Shaw writes."Learning the questions to ask [ e.g., 'Have you reached agreement as to where the pets will live?'] has helped me meet my clients’ needs." She went on to tell a story that underscores how much pets are part of the American family.

"A few years ago, I met with a new client. She had entered into an agreed dissolution without the benefit of counsel. The parties had a side agreement to equally divide time with and expenses of their dog.

"One year later, my client was transferred to a new position. After writing a letter to the opposing party indicating that the Marital Settlement Agreement failed to address issues regarding 'Molly,' I received a panicked call from husband’s original attorney. 'How in the world could I forget to include a child?' she exclaimed. After the relief set in, we were able to negotiate an agreement that provided for Molly to visit Husband when Wife returned to the area for holidays and vacations."

Here's the great part. "The strict letter of the law provided that as pre-marital property, Molly could have been awarded exclusively to my client," Shaw writes. "Nonetheless, she strongly believed that Molly would benefit from continued contact with her ex." Read the entire article.