In 2005, nearly half of New Orleans residents refused to evacuate without their 'pets'. Researchers who study personal relationships clearly recognize that the trend toward considering 'pets' as part of the family is socially significant. Instead, many stayed behind to face the hurricane in order to protect their animals. However, the legal system, and governmental regulations seem to be lagging behind.
STANLEY COREN: Is your family completely human? Over recent years, it has become clear that pet dogs (and, to a lesser extent, cats) are counted as family members. Dogs are treated much like children and the American Veterinary Medical Association found that 85 percent of dog owners think of their pets as family. Some research finds even higher percentages (up to 94 percent).
The fact that dogs are so often viewed as an integral part of the family unit has led some behavioral researchers, such as Andrea Laurent-Simpson of Southern Methodist University, to speak of the concept of multi-species families. She defines these as “a newly diversified, non-traditional family structure” which includes pets as members. She goes on to say, “Dogs and cats within the American family have a profound impact on things like fertility considerations, the parent-child relationship, family finances, involvement of extended family members, and the household structure itself”…
Researchers who study personal relationships clearly recognize that the trend toward considering pets as part of the family is socially significant, however, the legal system, and governmental regulations seem to be lagging behind. In 2005, when Hurricane Katrina was approaching, according to a survey by the Fritz Institute, nearly half of New Orleans residents refused to evacuate without their pets. Instead, many stayed behind to face the hurricane in order to protect their animals. Faced with such a dramatic example, in 2006, Congress passed the PETS Act, authorizing FEMA to rescue, care for, and provide shelter for household pets during an emergency. However, family and custodial law have not been so quick to recognize the psychological reality of the multi-species family, although some changes are beginning to appear…
Consider the current state of divorce laws. In the United States, Canada, and most European countries, pets are generally categorized as property. Therefore, in a divorce, pets are distributed in the same manner as household goods. The ruling by a Canadian judge, Justice Richard Danyliuk, in Saskatoon, Canada exemplified this viewpoint when he was asked to determine custody of two dogs following the separation of a couple.
In his decision, he said, “Many dogs are treated as members of the family with whom they live, but after all is said and done, a dog is a dog. By law, it is property…and enjoys no familial rights.”… In a few venues, the legal situation is changing. New York, Alaska, California, Illinois, Maine, and New Hampshire have recognized the scientific findings confirming the emotional bond between pet owners and their dogs. They also have recognized that the existing laws stand in stark contrast with the way child custody is awarded…
Similar legal changes are occurring in Canada. In March of this year, British Columbia modified its Family Law Act (the same one that is used to determine who gets custody of children in a divorce) to take into account similar welfare considerations when determining where a pet dog will go following divorce…
A major step in declaring a dog part of a family has been taken, not in North America, but in Colombia. The case involved Jader Alexis Castaño, a rector at a Colombian university, who lost his dog Simona in a divorce ruling. His former wife, Lina María Ochoa, only allowed him rare visits with Simona, and Castaño felt that his “hija perruna,” or “dog child” (as he often referred to her), was “emotionally affected” when they had to part after their infrequent visits.
Last year, Castaño sued his former wife, demanding scheduled visits with Simona. He claimed that the dog was part of the “family’s nucleus,” and his inability to visit with his dog was causing emotional distress to both him and the dog. The Colombian court decided to treat this issue as analogous to any other custody case involving a child, where the matter at issue was shared custody after marital separation…
The surprising outcome was that the Bogota Superior Court ruled that Simona, a dog, had indeed been an official member of a “multi-species family” before the marriage was dissolved. That meant Castaño was entitled to scheduled visits with the dog… Whether or not the dog is to be treated the same as a human daughter is unclear, but her familial membership has been legally recognized. SOURCE…
RELATED VIDEOS: