An amendment to Alaska's divorce statutes makes it the first state in the country to require that courts take "into consideration the well-being of the animal" and to explicitly empower judges to assign joint custody over pets.
The well-being provision took effect last week. In a blog post, the Animal Legal Defense Fund called it "groundbreaking and unique."
"It is significant," said David Favre, a Michigan State University law professor who specializes in animal law. "For the first time, a state has specifically said that a companion animal has visibility in a divorce proceeding beyond that of property -- that the court may award custody on the basis of what is best for the dog, not the human owners."
As views about animal welfare have evolved, courts across the country have struggled with the pets-as-property idea, said Kathy Hessler, director of the Animal Law Clinic at Lewis and Clark College in Portland, Ore. The parties involved often want decisions on custody, visitation and even monetary support for a pet, she said. But existing statutes that guide such matters are designed to address children, not animals.
Some people argue that pets should stay with the children; others think they should remain with whoever purchased them, or whoever was their primary caretaker. Often couples purchase pets with shared funds, but rarely do people want to be "bought out" of their share in a pet, as might happen with a car or a house, Hessler said.
"The relationship with the animal is what is important in the family law context, so the property law analysis tends to be a poor fit for resolving disputes," Hessler said. "And, in fact, many of the property settlement agreements are continuously disputed, making more work for the courts."
The Alaska amendment was sponsored by former Republican Rep. Liz Vazquez and the late Rep. Max Gruenberg, a Democrat and family law attorney who said in 2015 that he had once handled a divorce that resulted in joint custody of a sled dog team.
"Our pets are members of our families," Vazquez, who lost her bid for re-election in November, said in a statement last year. "We have to remember that we're sent here to Juneau to represent people; real human beings, many of whom have pets they love as much as their friends and family."
The Alaska provision also allows courts to include pets in domestic violence protective orders and requires the owners of pets seized in cruelty or neglect cases to cover the cost of the animals' shelter.
"I hope it is the beginning of an explicit trend," Hessler said of the provision. "It makes more sense to address these issues at the legislative level to allow for public input and create rules that can be applied evenly to all citizens."
A Section on 01/25/2017