And, in DeSanctis v. Pritchard, the Pennsylvania Supreme Court, in 2003, upheld the dismissal by the trial court of a complaint asking the court to enforce a settlement agreement providing for shared possession of Barney, a mixed-breed golden retriever-golden Labrador. The settlement agreement was held to be void to the extent it attempted to award visitation or shared custody with personal property.

Although custody of the family dog in divorce cases may seem like a trivial issue to some, it is taken very seriously by dog lovers. The Animal Legal Defense Fund has filed amicus curiae briefs in some divorce cases, suggesting that the judge consider the companion animal’s best interest. Public and legal interest in "animal rights" is growing. There are reportedly 42 law schools offering courses in animal law, and at least two legal journals devoted to animal law, with others carrying articles on the subject.

In spite of objections that court dockets are already overburdened with ongoing disputes over the custody, visitation, and support of children, we may be headed for the day when dogs are entitled to their day in divorce court.