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The affection that people feel for their pets is real and palpable. That affection often leads parties to a divorce to argue by analogy to custody law that possession of the family pet should be decided on a "best interests of the pet" standard, separate and apart from the principles of classification and division of marital property. The courts have long recognized and commented upon the tension between custody and property law when it comes to pets.
This Manual will address the issue of pets and divorce and refer to current cases and how the court made certain decisions based on certain circumstances.
There are no concrete rules on who should have custody of the pet, so it is often recommended that the husband and wife come to some agreement or the court will have to decide.
National Legal Research Group, Inc.
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