Dogs Are People Too, Sort Of, At Least When It Comes To Divorce, Says Pennsylvania.

Pennsylvania looks poised to complete the passage of legislation requiring judges to consider the welfare of “companion animals”—you know, pets?— in divorce proceedings. House Bill 97, sponsored by dog-loving Rep. Anita Kulik, D-Allegheny, is heading to the statute book unless Governor Josh Shapiro has the guts to alienate a rather passionate voting bloc by vetoing it.

The bill amends the state’s Domestic Relations statute to add a special category for companion animals, recognizing them as sentient, “living beings that are generally regarded as cherished family members” and not property to be treated as such. As of now, pets in Pennsylvania divorces have the same status as furniture or appliances. Under the new law, judges would decide which member of the dissolving union should get custody of pets based on…

  • …whether the animal was acquired before or during the marriage.
  • …the pet’s basic daily needs, and who is best able to fulfill them
  • …which party was usually in charge of veterinary care and took care of the animals’ exercise and social interaction.
  • …which party is most likely to comply with compliance with state and local regulations regarding pets.
  • …who haa the greater financial ability to support the animal.

Reasonably, the legislation also presumes that a service animal should remain with the party who needs the service.

My late wife, an animal junkie who got far more upset over movies where a dog dies (as in “Turner and Hooch,” “Old Yeller,” “My Dog Skip”…actually, the dog usually dies in dog movies) than when, say, Ali MacGraw died in “Love Story,” would have loved that law. She never forgave Tom Cruise for treating his dog “like a piece of furniture” in “The Firm.”

Dog Custody Ethics From The Vermont Supreme Court

It's a dog's life, whatever THAT means...

It’s a dog’s life, whatever THAT means…

Pet dogs are more than property and less than citizens. When they become surrogate children, as they often do, the legal battles over which member of splitting couples will have custody can become as furious and emotional as anything in “Kramer vs. Kramer.” Now the Vermont Supreme Court has approved a a new approach to these cases, deciding one on the basis of “the best interests of the dog.” Here is the relevant portion of the decision, in the case of Hamet v. Baker: Continue reading

Ethics Train Wreck On Facebook: Jessica Studebaker and the Sneaky Voelkerts

The imaginary Jessica Studebaker

David and Angela Voelkert are so obviously perfect for each other. It’s just a tragedy that they can’t get along.

By the time the couple’s multiple deceptions were sorted out, Angela had been scared out of her wits, David had spent four days in jail, and federal prosecutors looked like they had never heard of Facebook. The perfect recipe for an ethics train wreck—lies, more lies, and incompetence—and that’s exactly what they got.

Last Friday, the FBI arrested David Voelkert, 38, a South Bend, Indiana man who had recently exchanged messages with a 17-year-old Facebook friend named Jessica Studebaker. As described in an FBI affidavit, Voelkert’s Facebook exchanges with Studebaker included telling her that he had placed a GPS device in his ex-wife’s car to surreptitiously monitor her movements, and that he was looking for “someone to take care of” Angela Voelkert, so the teen “ should find someone at your school…that would put a cap in her ass for $10,000.” Continue reading

The Giordano Decision, Sympathy and Malfunctioning Ethics Alarms

Sympathy and empathy are wonderful and admirable qualities, but they can mess up ethics alarms but good, causing them to ring out with gusto when perhaps they shouldn’t be set off at all.

This, I’m sorry to say, is what seems to be going on with the public and the media in the wake of a North Carolina judge denying Alaina Giordano primary custody of her two children,  in part because Giordano has Stage IV breast cancer, and in part because she is unemployed. Giordano is upset and nobody can blame her for that. She has also started a website exhorting readers to “Say NO! to CANCER discrimination!” There is a Facebook page (of course) rallying support for her, and it already has over 14,000 fans. An online petition to the governor called “Do Not Allow NC Judge To Take Alaina Giordano’s Children Just Because She Has Cancer ” has more than 75,000 signers.

Yet there is nothing inherently unethical, illogical or unfair about family law Judge Nancy E. Gordon awarding custody of 11-year-old Sofia and 5-year-old Bud to their father, who lives and works in Chicago, rather than to their mother, who lives in Durham, and has breast cancer that is most likely terminal. Continue reading