But Who Gets the Dog? Judges Explain How They Decide Pet Custody

As the new year ushers in an influx of clients seeking to cross “getting divorced” off their resolution lists, mediators gear up to facilitate civil splits, while judges and lawyers prepare to intervene in those that are contested.

But amid a national 35% divorce rate for those in the legal industry, some attorneys and jurists are preparing to dissolve their own marriages—and divvy up assets, including pets.

So, who gets the dog?

With the answer up to judges’ discretion in Georgia, some are now revealing how they make their pet-custody decisions.

‘Clearly Asking for the Dog Out of Spite’

Chief Judge A. Gregory Poole, Cobb County Superior Court. (Courtesy photo)

With more than 20 years’ experience on the bench, Cobb Judicial Circuit Chief Judge A. Gregory Poole told the Daily Report he’d encountered the scenario in his courtroom on more than one occasion.

Poole said that, because the Peach State lacked a statute outlining the division of pets in divorce proceedings, he based his award of pet custody on several considerations.

“I have had the occasion to determine to which party I would award custody of a pet, specifically, a dog,” said Cobb Judicial Circuit Chief Judge A. Greg Poole. “I made my award taking into consideration facts such as which party took care of the pet’s day-to-day needs, who usually took the pet for veterinary visits, which party had the strongest emotional attachment to the pet—to the extent I could tell—and other similar facts.”

The Cobb County Superior Court chief judge said he also factored whether a minor held a bond with an animal. If he deemed a child to be “especially attached to a pet,” Poole said he’d award custody of the pet to the parent he’d awarded custody of the child.

But Poole noted not all requests for pet custody are sincere.

“Now, I do recall one case, years ago, where the wife asked for custody of a hunting dog. The wife did not hunt; the husband did. She was clearly asking for the dog out of spite,” Poole said. “The husband left with the dog!”

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‘The Dog Went With the Children’

Stone Mountain Judicial Circuit Presiding Judge Asha F. Jackson has also had to decide pet custody.

In the absence of “hard and fast guidelines about who gets a dog in a divorce case,” the DeKalb County Superior Court jurist said it’s up to judges to make awards of property “on an equitable basis.”

DeKalb County Superior Court Presiding Judge Asha F. Jackson. (Courtesy photo)

Jackson recalled a prior case in which a pet had been “the sticking point for the resolution of the divorce.”

“It was unique because the dog was previously a military bomb sniffing service dog who retired from service,” Jackson said. “The husband was allowed to keep the dog as a house pet with a disclosure and waiver from the military that the dog might require special handling.”

But, over time, Jackson said the dog became a family pet for the husband, wife and the couple’s two children.

When the parents separated years later and the husband accepted an out-of-state work assignment, Jackson noted that “the dog required special medical care, which was performed by the wife.”

“During the divorce hearing, both parties vigorously argued that they should be awarded the dog, with the husband arguing that this had been his assigned work dog before it became the family pet and [the] wife arguing that, upon separating, she and the children kept and cared for the dog,” Jackson said. “Ultimately, I awarded the dog to the wife as the primary caregiver for the children because in this compelling case for both parties, the children formed a bond with the dog. Therefore, the dog went with the children, and their primary caregiver was the wife.”

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The Daily Report also asked Clayton, Fulton and Gwinnett County superior court judges for their feedback on the considerations they factor when awarding pet custody.

As of midday Tuesday, neither Chief Judge Robert Mach and Judges Charles Eaton, Kelly Ellerbe, Shermela Williams nor Chief Judge Tim Hamil, respectively, had responded to the inquiry.

‘Finding a Fair Solution’

Pet custody is a topic some lawyers have begun to prepare their clients to encounter in divorce proceedings. For instance, family law firm Hobson & Hobson in Marietta has made it a point to address the topic on its website.

M. Sarah Hobson, founder and CEO (left) and Christopher F. Hobson, owner and managing partner, of Hobson & Hobson in Marietta, Georgia. (Courtesy photos)

In a section entitled, “Georgia’s Legal Perspective on Pet Custody,” spouses M. Sarah Hobson and Christopher F. Hobson reiterate that, in divorce proceedings, pets are equivalent to property under Georgia law, but that many judges consider the animal’s wellbeing, living arrangements and who’s been its primary caregiver when deciding pet custody.

“If one spouse bought or adopted the dog before the marriage, that dog belongs to that spouse individually. The courts do not consider pets acquired before marriage a part of marital property,” read the married couple’s firm website. “If you bought or adopted the dog during your marriage, it is marital property, and the courts will assign ownership equitably.”

However, the husband-wife duo noted that, “unlike dividing up money or furniture, the court’s main goal in deciding who gets the dog is to be fair and ensure both spouses are treated reasonably,” according to their website.

“The court’s focus isn’t solely on who loves the dog more or who has a stronger attachment,” the website read. “[I]t’s about finding a fair solution that considers the best interests of both parties involved in the divorce.”