Motion to Spill – Episode 024: Who Gets the Dog? Pet Custody and the Law Hasn’t Caught Up

Sarah and Meghan bring in one of their favorite people, family law attorney Amanda Smith, for a conversation that starts with pet custody and quickly turns into wine tolerance, hangovers, and who can drink whom under the table. It is chaotic in the best Motion to Spill way. The main topic is pet custody in divorce. Amanda explains that in North Carolina, pets are legally personal property. The court treats a dog the same way it treats a television or a sofa. There is no custody schedule and no best interest standard. If the case goes to court, the judge assigns the pet to one person based on factors like who paid for it, who cared for it, and who can house it. They also cover how other states are changing their laws. Alaska was the first to require courts to consider the well‑being of the animal. California, Illinois, and New York have followed with versions of a best-for-all-concerns test. The trio dives into emotional support animals, service animals, pet prenups, postnups, separation agreements, and even trust planning that accidentally turns a dog into trust property. Amanda shares real cases involving fifty-thousand-dollar dog fights, pet exchanges in law firm parking lots, and disputes over ashes. Between the legal talk, the episode is full of the usual Motion to Spill energy. Megan calls Sarah unfriendly. Amanda claims she can drink everyone under the table. Tim spirals about his Finch app bird. Sarah may or may not have forgotten her own anniversary. It is messy, funny, and surprisingly informative. Listeners can send questions and stories to [email protected], but remember: this is entertainment only, not legal advice.Recorded in the Such-N-Such Media Studios in Winston-Salem. Produced by Tim Beeman.The post Motion to Spill – Episode 024: Who Gets the Dog? Pet Custody and the Law Hasn’t Caught Up first appeared on Motion To Spill.