Custody of Pets

A 2002 Pennsylvania Superior Court case involved a property settlement agreement giving custody of the couple's dog, Barney, to the wife. Believe it or not, the agreement provided that the husband have visitation. Unfortunately, the wife moved and she no longer made their pet, Barney, available for visits. The husband then filed for shared custody of the dog. After a hearing in which the court did not enforce the agreement, the court explained that, “Despite the status owners bestow on their pets, Pennsylvania law considers dogs to be personal property.” In other words, the court said, any terms set forth in the property settlement agreement that provide for custodial visitation with or shared custody of personal property, are void. It's known as the “Barney rule.” A dog is personal property.

Then the court wrote the sentence that is most often quoted in articles on pet custody and that has angered animal advocates everywhere: “Husband is seeking an arrangement analogous, in law, to a visitation schedule for a table or a lamp.” How is this possible? Dog and cat lovers, unite. This is the status in most states around the country.