The Dog Days of Divorce

What happens to a family pet after a divorce? Our Family Law Practice Chair Joanne Beasy weighs in on different examples of families who went to battle over their beloved animals.

You’ve heard about divorcing parents fighting over child custody. But what about fighting over Fido?

Pet custody disputes are becoming more commonplace. In Perry County, Ohio, a trial court ordered in 2022 that “the family dog Nellie shall follow the minor children’s [parenting time] schedule….” The only exception was if a licensed veterinarian opined that it would be detrimental to Nellie’s health to travel (Nellie was a “senior dog”).

When the mother failed to send Nellie with the children based on a letter from a veterinarian stating it would be in Nellie’s best interest to stay with the mother, the father filed a motion for contempt against her. The trial court found the mother in contempt, which was affirmed by the appellate court. Subsequently, the mother’s attempt to get this case before the Ohio Supreme Court was rejected. Riley v. Riley, 2022-Ohio-67 (5th Dist.)

In a 2017 case, a Franklin County judge had to decide who would keep the family dog, Cooper. The dog was purchased during the marriage and both parties had cared for the dog.

However, because the dog was a gift to the parties’ daughter when she received good grades in school, and because the daughter lived with her mother and no longer had a relationship with her father, the trial court ordered that mother would have custody of Cooper. The father appealed and argued that he should have custody of Cooper or, at the very least, he and the mother should have joint custody of the dog.

Dad lost on appeal, with the appellate court noting, “It appears the trial court recognized that awarding the dog to [father] would be tantamount to causing emotional pain to the child.” Irvin v. Eichenberger, 2017-Ohio-5601 (10th Dist.)

What is clear from these two cases is the children’s relationship with the dog drove the trial court’s decisions. But what if a divorcing couple has no children? If that’s the case, the “custody” decision for Fido may rest on who has been the main caretaker of, and financial contributor to, the dog’s needs.

As this area of law develops, we’ll stay tuned to see where Ohio’s trial courts tell Fido to sit and stay.