Pets Are Family! But Ohio Law Thinks They're Just Property.
Who gets me now?
Have you ever seen our ad in Ohio Super Lawyers magazine?
It gets a lot of laughs, but for many of our clients, it’s actually a really big deal. The bond we have with our pets is strong – but when it comes to divorce, the law sees them as just another piece of marital property.
This can be a tough pill to swallow. We get it—your dog, cat, or even your pet fish isn’t just a possession like a car or a couch. They’re part of the family! But here in Ohio, a court decision from 2004 said it pretty plainly: "dogs are considered personal property."
The "Which One Will the Dog Choose?" Solution
Sometimes, the way a court handles this stuff can be pretty wild. My former partner loved to tell a story about one of his most contentious divorce cases involving a dog. The couple had worked out almost everything else in their divorce, but they just couldn't agree on who would get the family pet.
So, the judge (who was a huge dog-lover) came up with a clever plan: the couple and the dog would meet at a park. The husband would stand on one side, the wife on the other, and the judge would let the dog go in the middle. Whoever the dog ran to would get to keep it.
Sounds like something out of a movie, right? Well, it was a creative way to deal with a difficult situation, but what happened next was even more telling. Before they could even head to the park, the husband immediately replied, "She's alienated that dog against me; it would never choose me now."
The case settled soon after.
Navigating Pet Custody Agreements
Just like the couple above found out, questions about who gets the dog (or the cat or the goldfish) can often be more about emotional issues than legal ones. The law might see pets as property, but you still have options! Many couples can work out their own agreements about their pets, and courts will usually enforce them. We’ve seen all sorts of arrangements, including:
Shared "visitation" so both people can still hang out with the pet.
Agreements to split the cost of vet bills and other expenses.
Specific rules about who gets to make decisions about the pet’s care.
I often tell clients to be cautious with these kinds of arrangements. If a pet custody agreement isn't written carefully, it can cause more problems later. In one Ohio case, a couple had agreed to split vet bills equally for their dog. The court decided that "all expenses meant all expenses," even if one person didn't know about or agree to the care. It’s a great reminder that even if the law doesn't treat pets like kids, the language in your legal agreement is incredibly important.
The Future of Pet Custody in Ohio
We’re noticing that when faced with these kinds of questions, courts are starting to ask for more details about pets, like:
Who owned the pet before the marriage?
Who was the main caretaker during the marriage?
Who is more responsible for the pet’s health and well-being?
“Custody” might not be the right word for such arrangements, but the language courts use to talk about pets sure sounds like that’s what’s happening.
Even though the legal rules are changing, one thing is still true: a family court can't force a pet to love someone. But a good lawyer can help you find a solution that works for you and your best friend.
If you’re going through a divorce and are worried about your pet, don't just hope for the best. Give us a call today to talk about your options!