A pair of divorcing women are about to fight it out in court over a miniature dachshund named Joey in what will be New York’s first matrimonial pet-custody case.
The only bone of contention in their divorce is who will get sole custody of their 2-year-old pet.
While some state courts like those in Kansas declined to stick their noses in a custody cases, others have leaped at the chance to treat canines like humans in legal proceedings.
An Alabama judge awarded a dog named Preston to one spouse over the other by taking into consideration the pet’s “best interests,” a gauge typically used in child custody cases.
Instead of regarding Joey like a piece of property, the judge — who gives the full disclosure that he owns a 12-year-old rescued pit bull mix named Peaches — will schedule a hearing to determine his fate.
“This is a cutting-edge case for animal rights,” said Murray’s attorney Sherri Donovan. “It recognizes the special place of pets in our families.”
Judge Cooper wants to sniff out the truth about who bore the major responsibility for meeting Joey’s needs.
He will ask the pup’s mothers to answer questions similar to those posed during child custody trials such as: “Who spent more time with Joey on a regular basis?”
Cooper is taking a pause for paws because he believes pet custody cases are only likely to increase in the future.
“If judicial resources can be devoted to such matters as which party gets to use the Escalade as opposed to the Ferrari, or who gets to stay in the Hamptons house instead of the Aspen chalet, there is certainly room to give real consideration to a case involving a treasured pet,” Cooper says.