Pet custody disputes

Barbara J. Gislason

Chapter 89 in Elgar Concise Encyclopedia of Animal Law, 2025, pp 341-344 from Edward Elgar Publishing

Abstract: Pet custody disputes involve conflicts over the ownership of companion animals. These disputes arise in various contexts, including divorce or domestic abuse cases, abandonment or lost-and-found situations, or when an animal owner becomes incapacitated or passes away. Mediators may be utilized to help the parties resolve the issue. In litigation, an increasing number of courts now recognize pets as a special category of personal property rather than mere property. Looking to the future, as efforts to decode nonhuman language progress, including through generative artificial intelligence, it is anticipated that humans will increasingly consider the perspectives and well-being of companion animals in legal matters. This is evidenced by legislative actions that widely protect animals in domestic abuse protection orders, permit pet trusts that enable animals to receive property, and the passage of felony laws against animal cruelty.

Keywords: Pet custody; Companion animal; Property; Special property; Best interests; Mediation; Artificial Intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781803923666
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