Legal Question in Family Law in New York
Divorce and the Dog
My husband and I are trying to finalize our separation papers. He is adamant that we addendum these papers to note that he has ''custody'' of our four year old dog (we have no children) Monday through Thursday and that I take her Thursday through Monday. He will not sign the papers until this addendum is in place.
I know people can be very close to their animals, but is this really a bone of contention? Is there any way to solve this? When I got her (she was abandoned at my retail store) he did not want her and Lizzy (the dog) was raised primarily in my store. Though we have been consistant in this present agreement (my husband is a musician and not home weekends to care for Lizzy), it seems like one or the other should ''own'' her so there is no more nonsense.
Help! Thank you!
1 Answer from Attorneys
Re: Divorce and the Dog
I have handled many divorces, and personally, sharing custody of the dog sounds really silly to me.
If he wants a dog, he can get a dog. If he wants Lizzy, he can arrange for a dog sitter when he cannot take care of her. There is no reason why you should dog sit for free, just because the two of you used to be married.
It sounds like he has ulterior motives. Maybe he really doesn't want the divorce? If he is that adamant about the dog, tell him to take it to court. Unless he gets a judge who is a radical animal rights advocate (unlikely) he's likely to get laughed at. Also, he probably won't want to pay to litigate this issue. Tell him you'll request attorney's fees because of his stubborn refusal to deal with your divorce like adults.
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