Pet Custody in Ohio

Who Retains Custody Of The Family Pet In A Divorce?

Many people consider their pets an integral part of their family. When two people divorce, the fight over the family pet can often turn into a bitter battle.  In response to these feelings towards pets, a growing number of states have enacted statutes providing for the custody of the family pet.

Traditionally, courts have treated pets as a form of a chattel. The Ohio Revised Code § 955.03 follows the traditional view stating that a dog “shall be considered as personal property”. This treatment as personal property results in the “custody” of the household pets to be determined during the division of marital property. If the parties to a divorce are unable to agree as to who will retain ownership of the pet, the court is likely to determine who the pet goes to just like any other item of personal property.… View Full Article → “Pet Custody in Ohio”

Pet Custody Disputes in Ohio

Pet Custody: Who is Entitled to Keep the Family Pet?

Have you ever wondered what might have happened to Cheeta if Tarzan and Jane had decided to split up? If Fred and Wilma had gone through a nasty divorce, which one would have gotten Dino? Remember Lassie? If Timmy’s parents, Ruth and Paul Martin, had divorced would Lassie’s barking, in an attempt to explain which party she wanted to live with, have even mattered to a judge?

When people divorce, or even when roommates part ways, disputes over what happens to household pets and pet custody can get contentious. Feelings over what is to happen to the family dog, cat, or bird after a split tend to be much more passionate than they are regarding what is to happen to a lawn mower, cappuccino machine, or even to that cool washer/dryer set. That reality is why we at Holzfaster, Cecil, McKnight & Mues are seeing more and more cases involving pets and the right to keep custody of, or visit with, family pets once a split occurs.… View Full Article → “Pet Custody Disputes in Ohio”

Pet Ownership In Divorce Proceedings

For lawyers and others interested in an excellent journal article on this subject.

Puppy Love: Providing for the Legal Protection of Animals When Their Owners Get Divorced by Heidi Stroh, 2 J. Animal L. & Ethics 231 (2007). The article examines pet ownership in divorce proceedings. Ms. Stroh concludes that the various states should adopt statutes providing clear guidance for pet custody decisions.  It is available through Lexis and Westlaw.

Robert "Chip" Mues

Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007. In addition, he previously managed the Dayton law firm of Holzfaster, Cecil, McKnight & Mues LPA until it dissolved on December 31, 2024. He founded MUESLAW in 2025. To learn more about him or MUESLAW, visit www.MuesLaw.com. Appointments are available in person, over the phone or by Zoom.… View Full Article → “Pet Ownership In Divorce Proceedings”

Who Gets Custody of Rover?

In many divorce cases, custody or ownership of the beloved family pet is very important and the dispute can even become contentious. Sean Palmer, author of the Texas Family Law Blog, recently wrote an interesting article on the subject. It is very well written and I can’t quibble with any of it. My analysis of the subject, under a Ohio law, doesn’t appear to vary from his under Texas law. As barbaric as it sounds, pets are categorized under Ohio law as “personal property”. The court cannot treat Rover as a child, and award custody or shared parenting of him to the parties. But, I have seen Judges on rare occasions designate one party as the pet’s owner and permit the other to have access to the pet. Most domestic relations judges that I have come across are sensitive to the importance pet ownership may have and will patiently consider the facts.… View Full Article → “Who Gets Custody of Rover?”

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