In a case to determine who will receive custody of a dog, Civil Court of the City of New York (the “Court”) tasked the parties with briefing what the proper legal standard should be for trial. Jones Wolf & Kapasi, LLC (“JWK”) argued that a “Best for All Concerned” standard should be applied (as opposed to a mere property standard), which considers not only what is best for the parties but the dog as well.
JWK argued that dogs as property are considered differently than cars or tables. The Court agreed, and further opining: “The ‘best for all concerned’ standard will be applied to the evidence at the trial. In addition to the ownership records, other factors such as, where the pet resides, who cared for the pet, as well as the age and health of the pet will be considered.”
The case is Dicce v Kane, Index No. 011899/17 (Civ. Ct. New York County) and the Decision and Order can be read here.
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