Animal Law

Legal Bills in Pet Pug Custody Case Top $40K as Judge Mulls 'Subjective Value'

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When Eric Dare and Doreen Houseman first asked a New Jersey judge to determine which of the two would get custody of their pet pug, Dexter, he treated the toy dog as if it were simply another item of property to be apportioned as part of the break-up of their relationship. He gave Dare the dog, because he already had possession, and awarded Houseman the $1,500 for which Dexter had been purchased.

But after a landmark ruling by a state appeals court determined that he should also have considered Dexter’s “subjective value” to the parties, Salem County Superior Judge John Tomasello took a different approach, reports the Philadelphia Inquirer.

After hearing additional testimony,Tomasello determined yesterday that the pug is joint property, because the two shared his care while they lived together. He also found, however, that Houseman didn’t prove her claim that Dare gave Dexter to her when they split, the Inquirer reports.

That still leaves undecided, however, who should get custody of Dexter. So Tomasello asked lawyers for both sides to submit briefs with their suggestions. So far, Dare and Housman tell the newspaper, each has spent more than $20,000 on legal bills pursuing the pet pug custody case. In their mid-thirties, they work as a police officer and a customer service manager, respectively. The two considered the pug their son, she testified.

Although animal rights groups have been pushing in recent years for more recognition that animals are not simply property, attorney James Carter, who represents Dare, isn’t convinced that judges should be diverted from child-custody issues by pet custody issues.

“As far as the legal community goes, many attorneys realize this would be the first step down a slippery slope,” he has said.

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