Introduction

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

"Be who you are and say what you feel, because in the end those who matter don't mind and those who mind don't matter."

—Dr. Seuss

A groundbreaking book on pet law and custody, this text is a wonderful resource for a wide-ranging audience. The area of pet law and custody has grown exponentially over the years, with a variety of individuals now involved, including family lawyers, animal lawyers, alternative dispute resolution (ADR) professionals, animal advocates and owners, and those who are interested in animals. While the book discusses the law, it is accessible, useful, and interesting to nonlawyers as well. This book has something for everybody and is designed to provide practical real-world advice along with a progressive understanding of the developing area of pet law and custody as a foundation for advancing the law for the common good of all animals.

This book explores two themes that are central to a modern understanding of pet law and custody. The first is the unique position our pets hold in our culture as well as under our law. Traditionally, the law classifies entities into two categories, persons and property. Under the law, animals, including our pets, generally are classified as property. This book examines how the traditional binary classification has become obsolete and instead a continuum has developed that allows for a nuanced understanding of the role pets play in our lives and under the law. Our pets are no longer mere objects but rather are beneficiaries of trusts, companions, and family members. The book helps us see how, in the contours of a single decision, the animal's position on the continuum between classification of property and person appears malleable and can have a decisive impact on the outcome of the case. Recognizing this continuum, and capitalizing upon it, is critical to enhancing our ability to seek a just outcome for human and nonhuman animals in a variety of pet law contexts.

The second theme relates to conceptualizing animal law cases as a series of vertical and horizontal intersections. This book helps us think outside the box and develop lines of argument in one doctrinal area—for example, pet custody—from a wide variety of other doctrinal areas, such as tort, contract, criminal, and constitutional law. We learn to appreciate that these areas are not independent silos but rather a tapestry of views that can affect doctrinal outcomes across substantive areas. The author identifies how decisions across disciplines and state borders influence each other in the animal law practice area and how advocates may utilize these influences in the best interests of their human and nonhuman clients.

These two themes are evidence of changing times in our jurisprudence. While some judges are still old school, more are becoming aware that laws prohibiting animal cruelty and abuse and promoting welfare standards are the new normal and that our pets, in particular, deserve consideration. A dizzying flurry of dicta about love, affection, and friendship endorse the reality that the companion animal has entered the family unit.

In addition to exploring the...