Appendix 6 Pet Custody Statutory Provisions1

• Library: Pet Law & Custody: Establishing a Worthy & Equitable Jurisprudence for the Evolving Family (ABA) (2017 Ed.)

Appendix 6 Pet Custody Statutory Provisions¹

The purpose of appendix 6, compared to appendix 5, is to consider what language might be included in a longer form pet custody statute. Think of this appendix as examples of provisions that could be utilized rather than a statute itself.

Challenges to bringing a long form model statute to the next level include the following:

1. What factors should be considered?
2. Which presumptions of ownership, if any, should be rebuttable?
3. What standard of proof should apply?
4. How would third-party interests be addressed?
5. Under what circumstances should any presumption of ownership be nullified based upon public policy reasons?
6. Should equitable principles apply?

WORK IN PROGRESS Definitions.

"Owner" is the person who holds legal title to a companion animal as property. An owner would include a person who (1) lawfully purchased a companion animal, (2) adopted a companion animal from a title holding entity, (3) received a companion animal as a gift, (4) otherwise received title through the operation of law, or (5) was awarded good title in a legal proceeding.

"Presumption of Ownership" means that if the parties entered into a prenuptial agreement, marital agreement, co-habitation agreement, partnership agreement, or other written agreement regarding the ownership of an animal, the rights granted in said agreement would be presumptive.

"Primary Caregiver" is the person who provides day-to-day care of the companion animal's basic needs.

"Extraordinary Care" is the care provided to an animal due to an injury, disease, or significant need.

"Guardian" is a person who has assumed, by operation of law, certain elevated owner responsibilities as defined by a statute or ordinance.

"Domestic Animal" is an animal that has been domesticated and would include, but not be limited to, dogs, cats, horses, rabbits, ferrets, birds, small mammals, small reptiles, pigs, cows, chickens, and fish.

"Companion Animal" is a domesticated animal whose physical, emotional, behavioral, and social needs can be achieved as a companion in a home or who has a close daily relationship with a human wherein they keep each other company. Criteria for identifying a companion animal include the following:

• Purchased or acquired to be a family pet
• Provides companionship
• Has a name
• Provides no significant source of income
• Receives appropriate food, water, shelter, and veterinary care
• Is bonded to a family member
• Is held out as a pet or companion animal
• Lives indoors
• Owner describes himself or herself as "mom" or "dad"
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