As much as we love Fido, when it comes to divorce, under Ohio law, Fido is considered property, not a child. Yet we still hear about “custody battles” over pets all the time. Why? Well, the answer is simple. Fido may be legally property, but he may be very cherished property, and the parties do not agree which of them is going to take Fido after the divorce is over.
So what happens then? If the parties cannot agree who will be awarded the dog in the divorce, the Judge will hear evidence regarding such things as who paid for the dog, was the dog owned before marriage, who cared for the dog, and the like. The court is aware that the dog is a living thing and not simply a piece of furniture, and that one or both of the parties are very attached to the dog.
Sometimes courts will make orders such as “the dog travels with the children”, so that the children are never separated from their beloved pet, and the animal visits both households when the children do. If there are no children, the court may still make orders that allows each of the parties to see the dog from time to time, but the parties are hostile, it is more likely that the court is going to award the dog to one party or the other.
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M says
No Lawyers seems to know the answer to my question! I hope you can help me. In a divorce custody dispute and battle over a service dog, who has the right to the service dog? Who will the Judge/Court rule in favor of winning custody? If my spouse purchased the a puppy for me and it was a pet, but, I paid a Professional Dog Trainer to train it in 2017 and he certified it in 2018 as my service dog; can my spouse change their mind, claim the dog as theirs, even though they are aware it was my service dog for the past 3 years? What if my spouse uses a common fraudulent trick by having their Oncologist write them a Medical Support Letter stating that their Patient’s has an Emotional Support Service Dog, which is not the correct ADA Classification for an ESA or Service Dog, plus, the Medical Support Letter does not say that they have diagnosed, recommended, nor, has written a prescription for their patient as part of their Healthcare or Mental/Emotional Treatment Plan? My spouse just had their Doctor write the ESA Medical Support Letter 7 months ago, February 2021, after they filed for a divorce. My spouse has also conspired with the dog breeder who sold them the Presa Canario., who has stated that he will claim he has never heard me and my spouse discuss having the dog trained as a service dog and that it was meant to only be a family pet, as far as they understand. The Breeder rents a house from my spouse and my spouse has promised to leave the breeder one of their properties in his will. I signed a prenup so I have no say in the deal they are making. I just want my service dog that my spouse has kept from me for 7 months.