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News
[07/02]
DEA joins Michael Jackson death probe
[07/02]
As deficit grows, Calif. prepares to issue IOUs
[07/02]
Companies pledge more openness about Web tracking
[07/02]
SC governor silent as clamor grows for resignation
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Articles
Pet Custody
When couples face divorce or legal separation, they must divide many assets, finances, property and belongings. Among these assets are the family pets. People commonly hear of disputes over child custody or visitation, but for some couples, custody of pets may be just as emotionally consuming. Pets are often treated like children by the individuals and the couples will not consider ownership of the family pet as part of a property settlement agreement. Disputes arise over custody and visitation and courts have been lenient in their control over such disagreements.
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What is Pet Custody?
The end of a relationship is a difficult time for most individuals. When going through a divorce or separating, a couple must not only deal with the emotional aspects, but the division of marital possessions. Marital possessions may include finances and property, but also include any family companion animals. Custody over the family pet has become an important issue for many divorcing couples in recent years. As lifestyles have been changing, animals have become significant family members. For some individuals, the loss of the family pet may be as emotionally traumatic as losing a human loved one. Since animals have become such a central focus of many families’, custody of such a family member is a main concern of many couples.
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Case Summaries
[07/01]
Jenkins v. Jenkins In a petition under the Hague Convention on the Civil Aspects of International Child Abduction seeking the return of Petitioner's son to her custody in Israel, judgment for Respondent is affirmed where Petitioner failed to establish that there was an actual "removal or retention" by Respondent or that the alleged retention was "wrongful."
[06/26]
Charisma R. v. Christina S. In a child custody dispute, trial court orders declaring plaintiff a presumed parent of the child and establishing a schedule for reunification is affirmed where: 1) substantial evidence supports the finding that the Family Code sec. 7611(d) parentage presumption applies, as the record shows that plaintiff actively participated in the child's conception and cared for her following birth, the limited duration of her parenting of the child does not defeat plaintiff's claim to presumed parent status, and plaintiff received the child into her home and openly held her out as her natural child; 2) the trial court did not abuse its discretion in concluding there is no basis to rebut the parentage presumption as substantial evidence supports the finding that the Elisa B. factors are present and that plaintiff actively participated in the child's conception with the understanding she would parent with defendant, and no other facts justified rebuttal of the parentage presumption; and 3) defendant's equal protection claim fails as she has not shown that a case involving a man in plaintiff's circumstances would be decided any differently under the law, and failed to meet her burden of showing that the order declaring plaintiff the second parent was an unconstitutional infringement of her state and federal rights to substantive due process.
[06/25]
Batlan v. Bledsoe In a bankruptcy trustee's motion to avoid a transfer made pursuant to a state court judgment dissolving the Debtor's marriage, the order denying the trustee's motion is affirmed where, under Oregon law, a party who challenges a dissolution judgment must allege and prove "extrinsic fraud," and the trustee failed to do so.
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