Timothy F. Rayne, Esquire

Recently, the Pennsylvania Superior Court made a groundbreaking decision regarding a custody case involving a family pet – Barney the dog. The Court's decision may surprise you.     

The Facts of the Case
"Husband" and "Wife" married in 1991 and divorced in 2000. During the marriage, Wife bought Barney from the SPCA. In connection with the divorce, the parties entered into a written Agreement regarding Barney's future. The Agreement stated that Barney was Wife's property and indicated that she would have full custody. However, the Agreement also provided that Husband would be permitted to visit with Barney. Nevertheless, after the divorce was finalized, Wife moved away and no longer made Barney available for visits with Husband. Husband filed a lawsuit to enforce the visitation provisions of the Agreement and attempt to mandate shared custody of Barney.  

The Court's Decision
The Superior Court noted that in seeking "shared custody" and a "visitation" arrangement, Husband sought to treat the dog as a child. However, the Court found that despite the status owners bestow on their pets, Pennsylvania law considers them to be personal property. Under the Divorce Code, once the parties are divorced, each party shall have complete freedom to dispose of his or her separate personal property. The Court noted that since the parties' Agreement provided that Barney was Wife's property, she had complete control of him. Therefore, the provision in the Agreement that attempted to provide for visitation with Husband was void.

The Court reasoned that Husband's desire for visitation with Barney (Wife's personal property) was similar to a request for visitation with a table or lamp and would not be permitted. Consequently, the Court ruled that Barney, and his social schedule, belonged exclusively to Wife.

Lesson Learned
The lesson to be learned by this decision is that Pennsylvania Courts apparently will not honor or enforce visitation agreements regarding pets after a divorce. Pets are deemed personal property, and are therefore owned by one party after a divorce. Accordingly, if a party wants a continuing relationship with a family pet, it is critical that the party obtain ownership of that pet in the Divorce Property Settlement Agreement.

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