Who gets the dog in the divorce? Now a judge might decide.

From The Washington Post:

When Sharyn Umaña and her husband separated in November of last year, she initially planned to waive all rights to Ozzy, their 5-year-old Miniature Australian Shepherd. Not because she wanted to: Umaña had devoted herself to the energetic, intelligent dog since they got him as a pup. She even designed an indoor obstacle course for agility training and treasure hunts, stashing treats and cheese around the house for Ozzy to find.

But her job required extended travel, and Umaña, 41, did not want to uproot Ozzy from a stable, loving home. Yet she also couldn’t bear saying goodbye forever. “I don’t have any kids, so he’s — he’s just my baby,” said Umaña, her eyes glassy with emotion.

Her ex-husband ultimately agreed to add a clause to the divorce agreement they filed in May stating that Umaña could take Ozzy for a trial period of a few months as soon as her work schedule permitted, which she anticipates will be in about a year. It won’t be easy, as her husband remained in Quebec, Canada, while Umaña returned to her home state of California. Still, she is hopeful that Ozzy “can be part of my life.”

Arrangements like Umaña’s reflect how much our relationships with our pets have changed in recent decades. According to a 2023 Pew Center survey, 97 percent of American pet owners consider their animals members of the family, with 51 percent of them valuing them as much as human family. “Pets certainly are not the same as the family toaster,” said Rebecca Wisch, the associate editor of the Animal Legal and Historical Center at Michigan State University College of Law.

Legally, however, they are. Pets are classified as property in the United States, though they are given special status under criminal law. But as people increasingly want their relationships with their pets to continue even after their marriages end, the legal system is catching up. Since Alaska passed the first pet custody law allowing joint custody in 2017, seven more states — California, Delaware, Illinois, Maine, New Hampshire, New York and Rhode Island, as well as the District of Columbia — have followed, although some animal experts caution that joint custody is often not in the pet’s best interest.

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