👩‍⚖️ Trial Judge Cannot Order Joint Custody of a Pet, Appeals Court Says

Trial courts cannot order joint custody of a dog after its owners split up.  That was the ruling made earlier this month by a single justice of the Appeals Court. 

The case involves a Watertown man, Brett Lyman, who sued his ex-girlfriend, Sasha Lanser, in order to regain partial ownership of their Pomeranian pooch.

The dog—with the obnoxious name of Teddy Bear Lanser-Lyman—was purchased by the couple in 2018.  According to Lyman’s complaint (which is attached below) both parties split the cost of the dog along with all associated expenses.  Lyman claims that, all together, he spent about $8,000 on Teddy Bear.

The couple broke up in 2021.  Teddy Bear went to live with Lanser and, for several months, Lyman had access to him.

However, around January 2022, Lanser stopped sharing the animal with Lyman and eventually he filed a lawsuit in Middlesex Superior Court seeking to regain access to Teddy Bear.

The complaint alleges that Lyman is “suffering irreparable harm each day” due to Teddy Bear’s absence. Additionally, “Lyman is losing the value of his investment of time, money, [and] emotional support of Teddy” as a result of Lanser’s actions.

The superior court judge issued a preliminary order requiring shared custody of the pet.  That order, in part, states,

Based upon joint ownership rights, both parties shall be allowed to have Teddy Bear for alternating 2-week periods.  Beginning on 11-27-22, Teddy Bear will be exchanged at a mutually agreeable location for each exchange (Sunday-Sunday).

A copy of the original order is attached here:

Lanser’s lawyer appealed this preliminary order.  The appeal was heard by a single justice who ruled that the superior court judge “abused her discretion and erred as a matter of law” by awarding joint custody of an animal. 

The justice’s ruling was primarily based on a 2014 case Irwin v. Degtiarov which held that “Massachusetts law considers animals, including pet dogs, to be property.”

The superior court order awarding joint custody to Lyman was thus vacated. 

Undeterred, Lyman has since appealed the single-justice ruling.  He is asking that a full panel of Appeals Court justices hear the case.  If and when the Appeals Court makes a subsequent ruling, I will be sure to cover it.

To read Lyman’s appellate brief, in its entirety, click here.