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posted by martyb on Tuesday January 01 2019, @09:35AM   Printer-friendly
from the pet's-rights-unleashed? dept.

New California divorce law: Treat pets like people — not property to be divided up

A new law being unleashed in California on New Year's Day will give pets' rights some bite in court cases. The measure provides judges with the power to consider what's in the best interests of the animal in divorce cases, instead of treating them the way they've been treated by courts in the past — as physical property.

[...] The law "makes clear that courts must view pet ownership differently than the ownership of a car, for example. By providing clearer direction, courts will award custody on what is best for the animal," [state Assembly member Bill] Quirk said after the bill was signed.

[...] Legal experts said the law means judges can take into consideration factors like who walks, feeds and plays with the pet when deciding who the animal should live with.

"Before it was an issue of who owns the dog and how you distribute the property," Favre said. "But pets aren't quite the same thing as china and sofas. They're more like children, in that they're living beings who have their own preferences." And as with children, he said, divorce can be "a trauma for animals as well."

Fur baby.


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  • (Score: 0) by Anonymous Coward on Tuesday January 01 2019, @02:49PM (8 children)

    by Anonymous Coward on Tuesday January 01 2019, @02:49PM (#780620)

    Put each litigant on opposite sides of the court, have the bailiff put the dog in the center of the court and when the bailiff lets go of the leash the litigant that the pet goes to is the one the pet likes best.

  • (Score: 2) by takyon on Tuesday January 01 2019, @02:59PM (2 children)

    by takyon (881) <reversethis-{gro ... s} {ta} {noykat}> on Tuesday January 01 2019, @02:59PM (#780621) Journal

    That would make for a great Lifetime TV moment.

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    • (Score: 0) by Anonymous Coward on Tuesday January 01 2019, @05:15PM

      by Anonymous Coward on Tuesday January 01 2019, @05:15PM (#780650)

      Or a great ID TV moment.

    • (Score: 3, Informative) by Muad'Dave on Wednesday January 02 2019, @12:56PM

      by Muad'Dave (1413) on Wednesday January 02 2019, @12:56PM (#781000)

      Judge Judy [youtube.com] did exactly that.

  • (Score: 5, Insightful) by RamiK on Tuesday January 01 2019, @03:36PM (2 children)

    by RamiK (1813) on Tuesday January 01 2019, @03:36PM (#780629)

    That proves which litigant was spoiling the pet more by giving it treats it shouldn't have had. Or possibly, who it registered as the alpha depending on the breed and how the "pack" operated daily. It doesn't prove who will be a better caretaker.

    And yes that applies to kids too which is why asking them who they'd like to stay with isn't such a good idea. Especially when one parents was the responsible "bad cop" that forced them to do their homework and eat their vegetables while the other was letting them do whatever they wanted when their partner wasn't looking.

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    • (Score: 0) by Anonymous Coward on Tuesday January 01 2019, @03:53PM

      by Anonymous Coward on Tuesday January 01 2019, @03:53PM (#780633)

      My comment was obviously meant to be a joke.

    • (Score: 4, Interesting) by Anonymous Coward on Tuesday January 01 2019, @09:48PM

      by Anonymous Coward on Tuesday January 01 2019, @09:48PM (#780744)

      In my experience, children usually don't pick the "fun" parent to live with when they are asked in a serious manner. Their own survival instincts seem to kick when you actually make them think about it for any stretch of time and they understand how serious their decision is. In the cases where they do, and it is granted, the kid usually ends up requesting that child custody change in less than a year. And in those circumstances, they usually complain how they are tired of being the parent, want actual good food, or some sort of support system at home.

  • (Score: 2, Funny) by Anonymous Coward on Tuesday January 01 2019, @05:18PM (1 child)

    by Anonymous Coward on Tuesday January 01 2019, @05:18PM (#780652)

    How about using King Solomon's solution?

    • (Score: 1, Funny) by Anonymous Coward on Wednesday January 02 2019, @02:34AM

      by Anonymous Coward on Wednesday January 02 2019, @02:34AM (#780845)

      Followed by a barbecue.