DelcoReviewSpring2017 - 27

www.DelcoBar.org

Pets Are Family Too...
A combined effort of Kathryn A. Meloni, Esquire, and Tracy E. Price, Editor
Pictured: Frangelica Meloni
DO YOU KNOW it is estimated that 70-80 million dogs and
74-96 million cats are owned in the United States? This equates
to approximately 37-47% of all households in the United States
owning a dog and approximately 30-37% owning a cat. With
these statistics, why has only one state enacted laws to protect
dogs and cats from the fallout of his/her owners' divorce?
Most states, including Pennsylvania, define pets as personal
property, much like a car or a chair. As such, there is no provision in the Pennsylvania Divorce Code which permits a judge
to award visitation or custody rights to a pet owner. Instead, like
personal property, the judge must
equitably distribute the dog or cat
between the parties, using purely
financial factors. Since most parties have an emotional tie to the
family pet, the thought of "buying"
out their interest in the family pet,
is both inconceivable and unwelcomed.
THE 49th IS NOW THE FIRST!
March, 2017. In groundbreaking
legislation, Alaska became the very
first state to amend its divorce laws
to include a provision surrounding "pet custody." The amendment
requires judges in divorce proceedings to "take into consideration the
well-being of the animal" when
determined in which owner's home
it will be placed. As such, the new law permits judges to consider factors such as who was the primary caregiver for the pet
throughout the marriage, who will be awarded custody of the
children (as it has long been a tradition that children and pets live
together), and who has the financial means and time to devote to
the pet, before awarding "joint custody" or "primary/partial custody" of the pet. Alaska also permits pets to be covered in domestic violence protection orders, thus rendering them "victim-like"
status in such proceedings.
Why is it that Alaska is the first of the United States to adopt
this unique and groundbreaking legislation?
Facts to Consider:
* According to The U.S. Census Bureau, Alaska's divorce rate
of 13.05 is the third highest rate of divorce in the country and
Alaska has the highest divorce rate for women in the country
at 16.2.

* Alaska's laws on pets, livestock, their importation and
release are strict. Alaska has some of the most productive
and unique ecosystems on the continent. When we are not
considerate of the well being of livestock, domestic pets or
aquarium species, and in the case where one is illegally released and or heartlessly abandoned to the wild, a disservice
to Alaska's wildlife and aquatic resources is committed: Wild
species that would normally occupy the area are displaced;
foods needed by wild species are instead being eaten by the
released domestic animal and its progeny. This equates to
fewer wildlife in the long run. Our
50th state, Hawaii, currently faces
significant wildlife reductions, and
potential species extinctions, due to
booming populations of feral goats,
cats, and pigs.
Pause & Protect . . . Think about
it, pets are family too and the Pennsylvania Courts need to address the
role of pets in family law cases.
The Animal Welfare Institute recently produced a Manual for Domestic Violence attorneys entitled
"Representing Domestic Violence
Survivors with Pets." According
to the Manual, 71% of pet-owning
survivors of domestic violence reported that their abuser threatened,
injured or killed their pets. This is
not surprising, considering most abusive or murderous individuals begin by killing or mutilating animals. Additionally, domestic
violence is about control of the victim; what better way to control
your partner than to threaten and/or attack what she/he cares
about the most, which is often the pet.
It is important to include pets in Protection Orders. More
households in the US have a pet than have a child, according to
the American Humane Association's Facts about Animal Abuse
and Domestic Violence. With over 1/3 of women in this country
facing physical abuse, rape or stalking (according to 2001 Summary Report, The National Intimate Partner & Sexual Violence
Survey), this is a growing problem which needs to be addressed.

Stand United . . . Pets are family too!
*

Spring 2017

| 27


http://www.DelcoBar.org

Table of Contents for the Digital Edition of DelcoReviewSpring2017

DelcoReviewSpring2017 - 1
DelcoReviewSpring2017 - 2
DelcoReviewSpring2017 - 3
DelcoReviewSpring2017 - 4
DelcoReviewSpring2017 - 5
DelcoReviewSpring2017 - 6
DelcoReviewSpring2017 - 7
DelcoReviewSpring2017 - 8
DelcoReviewSpring2017 - 9
DelcoReviewSpring2017 - 10
DelcoReviewSpring2017 - 11
DelcoReviewSpring2017 - 12
DelcoReviewSpring2017 - 13
DelcoReviewSpring2017 - 14
DelcoReviewSpring2017 - 15
DelcoReviewSpring2017 - 16
DelcoReviewSpring2017 - 17
DelcoReviewSpring2017 - 18
DelcoReviewSpring2017 - 19
DelcoReviewSpring2017 - 20
DelcoReviewSpring2017 - 21
DelcoReviewSpring2017 - 22
DelcoReviewSpring2017 - 23
DelcoReviewSpring2017 - 24
DelcoReviewSpring2017 - 25
DelcoReviewSpring2017 - 26
DelcoReviewSpring2017 - 27
DelcoReviewSpring2017 - 28
DelcoReviewSpring2017 - 29
DelcoReviewSpring2017 - 30
DelcoReviewSpring2017 - 31
DelcoReviewSpring2017 - 32
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSpring2021
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewWinter2020
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewFallWinter2019
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSummer2019
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSpring2019
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewWinter2019
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewFall2018
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSummer2018
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSpring2018
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewWinter2018
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewFall2017
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSummer2017
https://www.nxtbook.com/hoffmann/DelawareCountyBarAssociation/DelcoReViewSpring2017
https://www.nxtbookmedia.com