Question
A friend of mine has a service animal, that is a registered service animal, and when he separated from his abusive (mentally and physically) ex-wife she withheld his service animal from him. What can he do under law to get his service animal back?
Answer
People who believe that their animal is being wrongfully withheld can contact the police, but the police do not usually intervene in animal custody disputes. A civil lawsuit for the return of an animal can also be commenced. Evidence that an animal is a service animal should be submitted to the court, although how much weight a court will give to that will depend on the totality of the facts and circumstances.
The issue of who gets custody of an animal when people divorce ideally would be worked out as part of the divorce proceedings or by a separate agreement between the parties.
Several states (not Iowa) have enacted laws requiring courts to consider the well-being of animals when determining custody in divorce proceedings. Even in those states without specific laws on animal custody, some courts have considered the best interests of the animals when deciding which person should get custody (including in non-marital situations).
In one Iowa case involving custody of a dog, the court stated: “A dog is personal property and while courts should not put a family pet in a position of being abused or uncared for, we do not have to determine the best interests of a pet.” In a more recent case, the Iowa court, in awarding custody of the couple’s three dogs to the wife, stated that the wife was “in the better position to care for the dogs…”
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