Pets – Divorce Dialogues

Who Keeps the Dog in a Divorce? With Karis Nafte

Katherine Miller — Fri, 10 Sep 2021 15:56:04 +0000

EP: 159

Karis Nafte

Who Keeps the Dog in a Divorce?

Divorce Dialogues · Who Keeps the Dog in a Divorce? With Karis Nafte

Pets are not property, nor are they quite the same as human children. So, how do you decide who gets to keep the dog in a divorce? And what if you have more than one animal? How do you do what’s best for your pets and the people involved?

Karis Nafte is the Pet Custody Specialist and Certified Family Mediator behind Who Keeps the Dog, a consulting practice that helps families with their pets through the divorce process. She has been working with dogs professionally since 1996, developing an expertise in obedience training, behavior problems, and on-set training for animals in film. Karis is passionate about mediating pet custody arrangements and providing behavior support for owners with dogs showing signs of stress pre- and post-divorce.

On this episode of Divorce Dialogues, Karis joins Katherine to discuss the common mistakes people make with their pets in a divorce and explain why shared custody isn’t necessarily the best option for your dog—or you. She walks us through the factors to consider as you decide between shared and sole custody of your pet, describing why random, sporadic visits from an ex are stressful for your dog. Listen in for Karis’ insight on having kids and pets transition between parents together and find out why mediation is a much better option for your dog than letting a judge decide their fate.

Topics Covered

Why it’s a mistake to use your pet as leverage in a divorce

The harm in projecting your own feelings onto your dog in a divorce

How dogs can carry the same emotional weight as human children for divorcing couples

Why shared custody may not be the best option for your dog (or you)

The benefit of having kids and pets transition between parents together

What factors to consider as you decide between shared vs. sole custody of a pet

Why random, sporadic visits from an ex are not good for your dog

How to say goodbye to your dog when your ex is getting custody

What to do if the divorcing couple has more than one dog

Why mediation is a better option for your pet than litigation

Connect with Karis Nafte

Who Keeps the Dog

Karis on Instagram

Karis on LinkedIn

Connect with Katherine Miller

The Center for Understanding Conflict

Miller Law Group

Katherine on LinkedIn

The New Yorker’s Guide to Collaborative Divorce by Katherine Miller

Email katherine@miller-law.com

Call (914) 738-7765

The post Who Keeps the Dog in a Divorce? With Karis Nafte appeared first on Divorce Dialogues.

Evolving Laws Around Companion Animals and Divorce with David Favre

Katherine Miller — Wed, 23 Aug 2017 01:00:47 +0000

EP: 054

David Favre

Evolving Laws Around Companion Animals and Divorce

Pets are family. As a growing number of people form emotional attachments with their animals, the divorce process is further complicated by decisions around who gets to keep the pets. What can people do to look out for the best interests of the animal involved? What does the law say?

Professor David Favre practiced law in Virginia prior to joining the Michigan State University Law College faculty in 1976. An expert in animal law, David has written several articles and books dealing with issues like animal cruelty, wildlife law, the use of animals in scientific research and international control of animal trade. He is a national officer of the Animal Legal Defense Fund and the ABA Committee on Animal Law, and David teaches Property, International Environmental Law, Wildlife Law and Animal Law at MSU.

Today, David joins Katherine to explain the many facets of animal law and how it has evolved in the US over the last 150 years. He shares his take on animals as ‘living property’ and walks us through the legal process of creating a trust to provide for our pets. David speaks to decision-making about pets in the divorce process, offering insight around the emotionally changed nature of those discussions and why joint agreements are preferable to litigation. Listen in to understand the evolution of the law when it comes to animals and divorce—and learn how Alaska is at the forefront of legislation based on the best interests of the animal.

Topics Covered

The many aspects of animal law

How animal law in the US has changed in the last 150 years

The popularity and acceptance of companion animals

The creation of trusts for animals in the 1990’s

David’s take on the idea of animals as ‘living property’

Human has legal control
Animal has status above property

How animals become a proxy for negative circumstances between people

Making decisions about where the pet is placed after divorce

Emotional attachment, comfort and support
Financial well-being, best quality of life

Why David recommends joint agreements over litigation

The emotional nature of mediations involving pets

The evolution of laws around pets and divorce

Alaska first to give judge authority
Placement based on best interest of animal

David’s advice around providing for your animal through a trust

Mediation in Conflicts Over Animals with Debra Vey Voda-Hamilton

Katherine Miller — Thu, 01 Oct 2015 01:00:08 +0000

EP: 008

Debra Vey Voda-Hamilton

Mediation in Conflicts Over Animals

Though you may not like your ex all that much, your pet doesn’t harbor the same resentment. Yet our companion animals often get caught in the middle and end up being used as bargaining chips in a divorce settlement that doesn’t serve the people or the pets involved. Rather than taking the fight to court, where pets are viewed as property, mediation serves as a more appropriate alternative—an alternative that allows both parties to be a part of a solution-oriented discussion around conflicts over animals.

Debra Vey Voda-Hamilton is a conflict coach, mediator and principal attorney with Hamilton Law & Mediation, a firm that uses alternative dispute resolution to foster peaceful solutions in conflicts over animals. A pioneer in the field, Debra speaks widely on the top of how mediation techniques can help people address conflicts without litigation, and she has been featured in Forbes, the Wall Street Journal, and US News and World Report, among many other. She is also the author of Nipped in the Bud, Not in the Butt: How to Use Mediation to Resolve Conflicts over Animals.

Today, Debra joins Katherine to discuss the important role companion animals play in our lives and recent court cases involving the ownership of animals. She explains how pets serve as a source of comfort, especially in the aftermath of a difficult separation or divorce. Listen in for insight on how the mediator can help a divorcing couple hear each other ‘for the first time’ and design a custody arrangement that serves the people, the children and the pets involved.