ADR CORNER
ADR CORNER
Doggone It: Get Me a Mediator!
TAMI L. AUGEN RHODES
“ What do you mean the Judge is not going to creating a pup-parenting-plan for Reeses Puppycups?”“ You mean the Judge can deny me time with my precious Muttley Crue?” What’ s an attorney to do? Quick, call the Mediator!
You do not need a legal cite to know that the family dog is truly considered a family member; unfortunately, there are many Florida legal cases that instruct“ under Florida law, animals are considered to be personal property.” See County of Pasco v.
Riehl, 620 So. 2d 229( Fla. 2d DCA 1993). And despite the best intentions of some trial court Judges, the heartbreaking fact is,“[ t ] here is no authority which provides for a trial court to grant custody or visitation pertaining to personal property.” See Bennett v. Bennett, 655 So. 2d 109( Fla. 1st DCA 1995).( Such well-intentioned Judges include the 1995 Bennett trial judge who ordered visitation between Former Wife and“ Roddy” and the 2026 trial judge in Crossen v. Feeley, 2026 Fla. App. Lexis 1168( 4th DCA Feb. 11, 2026) who left the divorced parties as joint owners of“ Tucker”).
An attorney with a client facing the loss of his or her“ fur-baby” forever has other options. Specifically, parties are able to accomplish by agreement what a Court would otherwise be prohibited from doing, to wit: the shared pet custody plan! While such an outcome saves either party from heartbreak, as an attorney involved in the creation of a pet custody plan, there is a lot to consider in order to provide protection and clarity for your client.
1. Doggie timesharing: What will the timesharing schedule be( week on / week off; pet follow the children if the couple has children; or some other schedule)? Consider provisions for the parties to communicate in the event the pet exchange cannot occur as scheduled.
2. Doggie daycare: Will the family pet enjoy playtime at daycare? Will the exchanges occur with pick up / drop off at doggie daycare? Consider provisions for what happens if the daycare is closed on a scheduled exchange day as well as what happens if the daycare goes out of business. How is the cost of doggie daycare divided? What about any increases for a new daycare? Consider defining who is responsible for the family pet between the drop off and the pick up on exchange days.
3. Food, toys, and everything doggie: What will each pet parent provide at his or her house – food, treats, toys, medications? Consider ensuring that each party will feed the same food and treats to ensure doggie’ s digestion does not suffer as well as uniform times between homes for feeding schedule.
4. Veterinary care and communication: Who will take the shared dog to the vet? Consider provisions for regular versus emergency veterinary care, notification of information including dietary modifications, or other significant issues shared by the vet. Also, consider provisions on how to obtain a replacement vet in the event the dog’ s current vet retires, closes her practice, etc … or, if the dog needs a specialty vet for a specific purpose. And, consider provisions for what to do in the event the pet-parents do not agree upon a course of treatment for the shared pet. Finally, and importantly, consider clear provisions regarding pet end of life decisions to prevent unnecessary angst and chaos when quick and clear decisions need to be made for the comfort of the family pet.
5. Right of first refusal: Who will care for the dog if the timesharing pet parent needs to travel? Consider provisions to enable the other pet parent to provide care rather than leaving the family dog in boarding. Also, consider the cost of boarding if a pet parent does have to travel and the other pet parent is unable to care for the family pet.
6. Pet health insurance: Who is going to pay for the pet health care? Consider a pet insurance policy to cover unexpected accidents, illnesses, and injuries. Also consider routine care such as doggie dental care to maintain the pet’ s health. Finally, consider accounting for payment and reimbursements in any agreement.
7. Pet liability insurance: Who is responsible in case the shared pet injures another pet or a person? When leaving a divorced couple as co-owners of the family pet, consider provisions for animal liability insurance in connection with the party’ s homeowner’ s insurance or a stand alone policy. Consider having clear provisions for exactly which pet parent is responsible for the pet’ s actions at specific times – when does liability transfer from one party to the other at exchange times or doggie daycare times. Finally, consider indemnification provisions.
( Continued on next page)
PBCBA BAR BULLETIN 7