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Property Dispute

11/17/2008
Sheera R. Herrell, Attorney
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Fighting over Fluffy - Custody of pets

You and your husband have agreed on the parenting plan, support and how to divide the assets and liabilities - things are going well.  Then, you realize one very important topic has not been addressed - who gets custody of the family pet.  This is a hot topic and occurs more frequently than most people would expect.  Even the Today show is talking about it. 

In Virginia, the loyal family pet is not treated like a child.  There are no custody or visitation statutes that provide a framework for this problem.  The Court classifies our beloved pets as property just like a couch or kitchen table.  The law permits the Court to award one party sole ownership of Fluffy or order that Fluffy be sold.  While the Court can not order shared custody of Fluffy, here are two things you can do.  First, try mediation.  With the help of a trained mediator, parties can design a shared custody plan for the family pet.  Second, make sure the ownership and licensing documents are in your name only.  If you and your husband can't reach an agreement, having Fluffy titled in your name only can boslter your position before the Court that you should receive Fluffy as your sole property. 



Labels: Pets
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Office

Hofheimer/Ferrebee P.C.
1060 Laskin Road
Suite 12B
Virginia Beach, VA 23451
Phone: (757) 425-5200
Fax: (757) 425-6100