More than ever before, many Americans seem to treat their dogs and cats as family members. Divorce lawyers have noted that pet custody disputes are increasingly common, and states, including New York, have revised their laws to adjust to this new reality. A breakup involving a former television star exemplifies how intense conflicts over pets can become.
Shantel VanSanten, known for her roles in television series including “The Boys” and “One Tree Hill,” has been engaged in a high-profile custody battle over her beloved dog, Nova. When she married Victor Webster, Nova was the ringbearer at the wedding. Now, three years later, the couple’s divorce was only finalized after VanSanten agreed to a clause requiring her to pay her ex $10,000 a day if she keeps the dog for more than three weeks at a time.
Traditionally, pets were treated as personal property in divorce cases, meaning they were subject to division like any other asset. However, recent legal developments and shifts in societal attitudes are gradually transforming how courts approach these cases. Many jurisdictions are now recognizing the emotional bonds between pets and their owners, leading to a more nuanced consideration of pet custody.
The VanSanten-Webster divorce was litigated in California, which has enacted a law that requires courts to consider the best interests of the pet, similar to how child custody decisions are made. New York now uses the same type of standard, which can lead to evidence regarding an animal’s unique emotional and psychological needs. Other factors can include the pet’s relationship with each party, the stability of the two home environments and each spouse’s ability to provide proper care.
For couples navigating pet custody disputes, it’s advisable to prioritize the pet’s welfare. Open communication with the guidance of experienced counsel can often lead to mutual agreement. In some cases, mediation is the key to achieving a satisfactory resolution without the need for prolonged litigation.
Bryan L. Salamone & Associates, P.C. is the Long Island divorce leader because we are on top of the latest developments in New York Domestic Relations Law and tailor our representation to each client’s situation and needs. If pet custody is an issue in your case, you can rely on us for thoughtful, effective counsel in pursuit of a resolution that gives you many more happy years with your dog or cat. For a consultation, please call 631-388-6009 or contact us online.