An increasingly prevalent issue facing courts today is how to treat a family’s beloved pet in a divorce proceeding.  A recent poll of 1,500 members of the American Academy of Matrimonial Lawyers found that “nearly a quarter of divorce lawyers surveyed across the country have noticed an increase in pet-custody cases in the last five years.”   In divorce proceedings or property disputes between housemates and separated couples, the scale has begun to tip in favor of treating pets or companion animals as living beings as courts consider the pet’s best interest when custody is an issue. The standard in child custody is the acronym “BIC”-or “best interests of the child.” It appears we now have “BIP”, or best interests of the pet”.

The terms courts mainly address in divorce settlements are custody, visitation and child support.  Often attorneys or parties are all too anxious to close a divorce, so they fail to address three typical issues involving children that arise after settlement: religion, schooling and visitation schedule changes as the child gets older.  To avoid court, use a mediation clause in the initial settlement to address resolving disagreements regarding future child rearing. Below is a sample mediation clause...

Confidentiality Clauses civilize divorces and breakups. A prenuptial or post nuptial agreement must include a confidentiality clause stating neither party can discuss, reveal or publicize to third parties aspects of the marriage, personal or financial affairs and the relationship or breakup without suffering serious monetary penalties. And when it comes to money, a spouse will abide by the privacy terms in face of losing thousands, millions and multi-millions of dollars or other property, depending upon the penalty terms.

Children have the right to choose their counsel in Family Court child custody cases. Yet in the over 21 years that I have been practicing, I never once heard a Family Court judge inform the litigants of that right for their children.