an amendment to Alaska’s divorce statutes, which took effect last week, is making waves in the world of animal law. It makes Alaska the first state in the country to require courts to take “into consideration the well-being of the animal” and to explicitly empower judges to assign joint custody of pets. In a blog post, the Animal Legal Defense Fund called the well-being provision “groundbreaking and unique.”
“It is significant,” said David Favre, a Michigan State University law professor who specializes in animal law. “For the first time, a state has specifically said that a companion animal has visibility in a divorce proceeding beyond that of property — that the court may award custody on the basis of what is best for the dog, not the human owners.”
As animals’ social status has evolved, courts nationwide have struggled with the pets-as-property idea, said Kathy Hessler, director of the Animal Law Clinic at Lewis and Clark College in Portland, Ore. The parties involved often want decisions on custody, visitation and even monetary support for a pet, she said. But existing statues that guide such matters are designed to address children, not animals (which some courts think is just fine, at least in Canada)...
The Alaska amendment was sponsored by former representative Liz Vazquez (R) and the late representative Max Gruenberg, a Democrat and family lawyer who told the Associated Press in 2015 that he’d once handled a divorce that resulted in joint custody of a sled dog team.
“Our pets are members of our families,” Vazquez, who lost her bid for reelection in November, said in a statement last year. “We have to remember that we’re sent here to Juneau to represent people; real human beings, many of whom have pets they love as much as their friends and family.”
The Alaska bill also allows courts to include pets in domestic violence protective orders and requires the owners of pets seized in cruelty or neglect cases to cover the cost of their shelter.
I'm so relieved! I could not for the life of me come up with an alternative that worked as well as the custody dispute.
