As of March 2019, the number of pet dogs and cats in the U.S. has increased. Dogs and cats are the second and third most owned pets, with around 94.2 million cats and 89.7 million dogs living in U.S. households. This is an increase from 2015-2016. Pets have become an important part of people’s lives and are now recognized as loyal companions and service animals. Laws have been expanded to allow service animals in all public places. In Florida, emotional support animals are valued and allowed to appear in court to calm victims and witnesses in abuse cases. Federal regulations in the US are giving more rights to animals and their owners. For example, the US Department of Transportation allows service and emotional support animals to travel on planes with their owners. There are also laws in all 50 states, including Florida, that allow for “pet trusts” to protect pets if their owner dies or becomes disabled. However, there are still areas of Florida law where pets and their owners are not protected enough, such as in divorce cases and cases of domestic violence. This is a problem because many children in the US are more likely to have a pet than a father. It’s important for the law to consider the welfare of pets and service animals in family law cases. In Florida, family pets are considered personal property in a divorce. The law doesn’t specifically address what should happen to pets when a family breaks up. When it comes to children, there are detailed rules about custody, visitation, and support, and the court considers what’s best for the kids. But there aren’t specific rules for pets, and only one court case has addressed the issue. In that case, the court didn’t give visitation rights for a pet to one of the ex-spouses. This means that in Florida, pets are treated like any other property in a divorce, even if the owners see them as part of the family. In many states, courts have recognized that pets are more than just property. They have acknowledged that animals hold a special place in people’s lives and have their own value beyond just being personal belongings. This means that in cases of divorce or domestic violence, courts may consider what is best for the pet, and may even grant joint custody of the animal. Overall, the law is starting to understand that pets are important to their owners and should be treated as more than just objects. In 1999, a New York court decided that when deciding who gets to keep a pet in a dispute, they should consider what’s best for everyone involved. Other courts in different states have also said that pets are more than just property, because people love their pets and their pets love them back. Florida should adopt a law like Alaska’s, which considers the well-being of the pet when deciding who gets to keep it in a divorce. It’s estimated that one in three women in the U.S. have experienced abuse from a partner. Many victims also see their pets abused by their partner. Studies show a strong connection between domestic violence and animal cruelty. Some states have laws to protect pets in cases of domestic violence, allowing them to be included in orders for protection. California’s law provides detailed protections for animals in domestic violence situations. Laurie Placey filed a petition to protect herself from her daughter’s violent behavior. Her daughter’s fiancé took Laurie’s dog, Preston, and the court ordered him to be returned to her. The daughter appealed the decision, but the court upheld it, considering the best interests of the dog in their decision. Florida law does not protect pets in cases of domestic violence, unlike states like California and Vermont. It’s time for the Florida legislature to change this and give judges the power to include protection for pets in cases of domestic violence. The legislature has made changes to family law in the past, and now it’s important to also include protection for pets in divorce and domestic violence cases. Pets are important members of our families and they deserve legal protection. In short, a New York judge said that if we can spend time deciding who gets to use fancy cars and vacation homes, we can surely give serious thought to cases involving beloved pets. We should ask our lawmakers to make laws that give special consideration to pets in Florida.
Source: https://www.floridabar.org/the-florida-bar-journal/pets-should-receive-special-consideration/
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