Americans currently have about 74 million dogs in 43.5 million households, and 90.5 million cats in 37.7 million households. Issues surrounding animals are varied and can run the gamut from custody to dog bites, dog barking to abuse.

Animal law is in its infancy. Companion animals are considered by the courts as simply, property. To many humans, they are much more than mere property. They are family.

Divorce is a difficult time in the lives of many individuals. When children and significant property are at issue, it can become even more stressful. The situation can become even more contentious and traumatic if a non-human, companion animal, who is considered family, is involved. The law does not formally recognize this emotional bond, and the courts are normally required to treat the animals as property.[1] Unfortunately, there is no custody or visitation for personal property. There are no best interest statutes nor does the possibility exist to appoint someone to determine what is in the economic value of the property. The opportunity for satisfactory resolution to an animal dispute is limited.

Mediation, in animal custody cases, offers the parties the opportunity to not be bound by existing law and precedent. Therefore, if there is a desire to create a custody and visitation agreement, a mediator can facilitate this outcome and help the parties craft an enforceable contract or agreed judgment entry. Courts will uphold an agreement as to which person receives the dog, because the parties are free to make agreements as to the ownership of particular pieces of property.

Barking dogs can be a nuisance. There are ordinances in every county which allow for the offending owner to be cited and fined. While the law allows for such repercussions to proceed, the long term effect of such action can make any neighborhood less than a pleasant place to come home to. Whether your neighbor’s dog is barking at inappropriate times, is terrorizing the neighborhood with running amok and needs to be confined to its rightful residence, SCMA can mediate these complaints and facilitate an agreement everyone can live with.

SCMP offers a very rare opportunity to mediate your animal disputes and as a gesture of the care and concern we have for all companion animals, a portion of our fees will be donated to a non-profit animal rescue organization at our local shelter.

[1] Rebecca J. Huss, Separation, Custody, and Estate Planning Issues Relating to Companion Animals, 74 U. Colo. L. Rev. 181, 188 (2002)