Here are some suggestions to minimize the chances of someone falsely claiming ownership of your pet and to maximize the chances that you can prove that you are the rightful owner if you find yourself in this unfortunate situation. Proof of ownership: “Circumstantial proof” is just a fancy word for “evidence.” Courts prefer to see documentary evidence that you are the rightful owner of your pet. The more up-to-date and up-to-date the proof of ownership, the better your chances of convincing a court that you are the legal owner of the animal. This lawyer is no longer affiliated with the firm or his profile is no longer available. We encourage you to visit the Scarinci Hollenbeck Lawyers page to find the lawyer that meets your legal needs. If you still wish to speak to a lawyer about your question about this position, please call 201-806-3364. Full biography Courts in different states may use different legal standards to determine custody: If the court finds that a pet of the parties is matrimonial property, it assigns the parties sole or joint property and responsibility for a pet. In making an order under this subsection, the court shall have regard to the welfare of the animal. Some of life`s greatest pleasures can come from owning pets. Whether it`s a dog, cat, bird, or even a farm animal, our pets can be a source of companionship, entertainment, and unconditional love. However, with all the positive benefits of owning a pet, there may also be some drawbacks. In fact, there are legal issues that every pet owner should be aware of. Many pet owners may wonder if it is actually illegal for their dog to bark outside all the time.
Similarly, problems can occur in stable animals, such as roosters that make excessive noise at sunrise. Specific ordinances and fines related to animal noise or simply noise levels in general vary by city and county. Most report violations of excessive animal noise, and fines tend to increase for each subsequent violation. In addition, neighbors who file harassment complaints for noisy animals can sometimes highlight other violations, including animal vaccination violations, fence violations, or prohibited animal violations. Keeping your pets reasonably quiet will keep the peace in your neighborhood and help you avoid further legal problems. Pet ownership is most often contested in divorce situations and when an animal has been left with a custodian. In some cases, people try to deny ownership after the animal has hurt a person or property. Regulate state property laws on ownership, gifts, and abandonment of property.
There are several ways to prove ownership: how the animal was acquired, payment of expenses, and long-term ownership. Get it in writing. If you need to “share” a pet with a roommate or leave a pet with someone for a long time, talk about your intentions and prepare an agreement. 1 National Pet Owner Survey, American Pet Products Association; The report is not publicly available, but the main findings are summarized under “Pet Owner, High Spending,” American Veterinary Medical Association News (5/8/2019 www.avma.org/News/JAVMANews/Pages/190601d.aspx The pet owner`s recourse follows two main approaches: You can try to negotiate the return of the animal. Or you can also take legal action to determine the legal ownership of the animal and get the animal back to the rightful owner. At Churchill, Quinn, Richtman & Hamilton, Ltd, we are here to provide you with legal advice on many aspects of your life and business. Whether it`s minor consultations, regulatory breaches, comprehensive estate planning, or major litigation for individuals or businesses, we can make sure you`re legally protected when needed. We have been a respected member of our community for over 100 years and look forward to providing you with the personal, high-quality representation for which we are known. Contact us at 847-223-1500 for more information or to make an appointment. California is the latest state to apply the “best interest” standard in pet custody disputes. Its new law, AB 2274, provides that a court may, at the request of a party, make an order in a proceeding prior to the final determination of ownership of a pet requiring a party to care for the animal. The courts may also transfer exclusive or joint ownership of a pet, taking into account the care of the animal.
Factors to consider include: Some pet owners like to refer to themselves as “pet sitters,” however, “guardian” is a legal term that has important legal implications. Its use to describe the relationship between animals and their owners is inappropriate. According to well-developed principles of guardianship law, guardianship is a fiduciary relationship (the highest legal civil obligation of one person to another). The interests of wards must always take precedence over those of the guardian. Some conflicts arising from the application of human guardianship law to animals are described in the following text. Because of these conflicts, the American Veterinary Medical Association (AVMA) recommends not adopting the “guardian,” even to semantically describe the relationship between humans and animals. Consider the best interests of the animal: You could legally own a pet, but the pet lives a good life with someone else and has been for some time. Although animals are legally considered property, it is always worth asking whether “winning the war” is really in the best interest of the animal.
Sometimes loving means letting go. When it comes to pets that are family members, arrangements should be made for their care in case something happens to their owners. It`s a good idea to specifically mention your pet in your will so you know it`s being cared for by the person of your choice. However, you cannot leave your pet with real money or possessions. So, if you want to set aside a sum of money to take care of your pet, it is best to leave it to the person who takes care of it. Another legal consideration for short-term pet care, in case you are unable to care for your pet due to illness, is to create a power of attorney for pet care. This document would give a caregiver the legal authority to act on your behalf to make decisions for your pet in accordance with your policies. In many cases, the problem is not that the animal has a significant financial value, but that both “parents” of the animal have a strong emotional attachment to the animal. In other cases, one party will use the animal as leverage to get something else they want. In either case, disputes over pet ownership can make an already stressful divorce even more controversial. 7 It should be noted that, as described in Minn.
Stat. § 347.22, ownership information is broader in tort cases. The AVMA recognizes that American society has shifted from an agricultural society where the animals most of us owned primarily had economic benefits to an urban society where most of us derive emotional value from our animals. However, the use of the keeper does not clarify the responsibility of owners towards their animals, which are important for the formation of good human-animal bonds. Instead, recourse to the guardian may raise legal issues and consequences that can be detrimental to the animals and the people involved in those relationships. These legal issues and consequences apply to pet owners, service providers, society and animals and include, but are not limited to: If you leave your pet with a professional organization, you`ve probably signed documents. You probably won`t run into a property conflict unless you just don`t show up and take your pet. A New Jersey case, Houseman v. Dare,12 illustrates how courts dealing with first-impression legal issues have considered a variety of well-reasoned animal rights decisions across states and domains. After their separation, an unmarried couple actually had custody of their pug, Dexter, until one of them decided to keep the dog. The Court of Appeal found that the underlying oral agreement on joint care entered into by the parties after separation was enforceable.
The superior court looked at the contours of the pet laws and opened the door for the trial judge to make a joint custody decision, which the court did. Ask yourself if you can really afford a pet. In addition to feeding, vet bills, grooming, and liability issues discussed below, many shelters now charge a fee for those who wish to drop off an animal. Many states impose criminal fines on owners who neglect or abandon pets. Although most courts award custody based on the person designated as the rightful owner of the animal, this is not always the case. In 2017, Alaska became the first state to pass a law requiring courts to consider the pet`s interests in pet keeping cases. Illinois became the second in 2018. Property: When it comes to breeding, at least the person who owns the animal starts at the top. What for? Because you`ll likely have to file an expensive lawsuit to get your pet back. Many people can`t afford it and give up.
If you suspect that a custody battle is underway, do your best to keep ownership of the animal (as long as you don`t break any laws in the process) while you work it. You probably have an intense emotional bond with your pet, but in the eyes of the law, pets are personal property. This means that courts rarely pay attention to animal welfare in a property dispute. When an animal is accidentally killed, the available damage rarely exceeds its market value. At the same time, an owner has obligations and responsibilities that can far exceed the cost of the pet.
