UNDERSTANDING WHO GETS THE PET DURING A DIVORCE........IN CALIFORNIA..and..The Debacle on Dogs in Colorado Continues
It has been written online that perhaps other states are waiting for CA to come up with some precedent setting pet case during divorce; meaning, if a dog can't be split in two, then who gets what timeshare with that animal even if it isn't a child or kid? Animal activists have long sought this type of law for animals in general. In case you had not noticed, animal activists consider animal welfare law, the same as CHILD welfare law??? In fact, the animal laws in CA are patterned exactly after child welfare laws.
We have not missed that fact in the past 15 years. In fact, groups such as PETA believe that no animals should be used at ALL for anything at all==not for food, not for an exhibit for humans, not for drugs [such as diabetic medicine], not for being used on a farm, certainly not in a circus or at Sea World (they have shut circus down and eliminated dolphin and whale acts and more) and PETA even filed a lawsuit in San Diego years ago, claiming that the whales were "slaves." Of course, they fell on deaf ears in Federal Court.
ONE thing that "might" change, though, is the law perhaps in Aurora, Colorado re no "pibull" dogs allowed. That long standing law against pitbull type dogs has been in litigation continuously for many, many years.
Attorney herein litigated the federal case in Denver in 2007* where Judge claimed that the shelters could prohibit or kill such dogs because they had (for example) broken wooden pallets in the animal shelter, so even though almost no pitbull dogs had caused more harm than other breeds, using rational basis law [which is the lowest level of scrutiny] Judge Wiley Daniel issued that unfortunate ruling..... [some shelters use pallets apparently to make a raised platform so dogs don't have to be on concrete floor..]
Attorney herein litigated the federal case in Denver in 2007* where Judge claimed that the shelters could prohibit or kill such dogs because they had (for example) broken wooden pallets in the animal shelter, so even though almost no pitbull dogs had caused more harm than other breeds, using rational basis law [which is the lowest level of scrutiny] Judge Wiley Daniel issued that unfortunate ruling..... [some shelters use pallets apparently to make a raised platform so dogs don't have to be on concrete floor..]
SO-- the news recently, indicates that Aurora MIGHT change the law. While we wouldn't count on it real soon though..sometimes changes take many years.........https://sentinelcolorado.com/news/metro/total-bull-aurora-looks-at-ending-breed-ban-allowing-forbidden-pit-bulls-back-in/
Castlerock also got rid of their pitbull ban in 2018......
Castlerock also got rid of their pitbull ban in 2018......
The "pitbull" dogs that are actually APBT (American Pitbull Terriers) ARE-- if actually APBT lineage and not mixed down--are 100% animal aggressive, as that is how they were designed in England, when they started crossing bulldogs with terriers. The dogs then were usually no more than 35lbs.
Today and in the past 15 years, idiots are crossing Molosser breeds with bulldogs and creating monster dogs--we say that because improper breeding with canines can create some very some disastrous results---and breeding unknown lineage dogs causes a lot of people killed by such dogs. ( If you don't believe it, go google https://en.wikipedia.org/wiki/Dogsbite.org.) Canines killing people in California is not uncommon. That tends to show we have a lot of idiots in California that are creating some bad situations which could have easily been avoided. Although "dogsbite.org" loves to claim that the alleged dogs that may have killed people are supposedly "pitbulls", it is a known fact that few of these actual cases can prove that such animals were actual APBT dogs. In fact, it is highly likely that many of such dogs were curs (mixed breeds)--yet even shelters and the animal activists, keep pushing for buying and adoption of such dogs.
The original pit dogs from England, were used in wagering betting and did not harm people, but were obviously animal aggressive. Thus any pitbull terrier that is APBT and IS animal aggressive, is conforming to the breed standard from back in the day. That fact does not mean the dog is at fault since the originating dogs for fighting, were purposely bred with animal aggression. (It is a known fact that other breeds of dogs can be or tend to be animal aggressive)...
Whether those other breeds were purposely bred to achieve that tendency or trait is not what we are talking about here; we are only specifically talking about the original APBTs which came from England. Other types of american terrier dogs such as the bull terrier (Target dog), Staffordshire Terrier or Amstaff (used in dog shows); American Pitbull Terrier (not allowed in AKC dog shows), and Bully type dogs, which are not an actual breed, but are purposely bred to be heavyweight, low slung/close to the ground, and for showing in bully dog contests, which are fairly popular.
But due to so many dogs which have been mixed down unknowingly with whatever other breed, most people have no clue what lineage their dog has? The claimed DNA testing for animals is a far cry from anything done with humans and is thus not considered reliable in court cases. (People say otherwise but they are basically wrong on the court aspect--it is not scientifically admissible..) https://www.cbsnews.com/news/dog-dna-testing-generates-debate-experts-urge-caution/
In one case in San Diego several years ago, some foolish parents adopted a medium-large dog which may have somewhat resembled a pitbull, but it was definitely not small; and true to the dumb non awareness of many people in San Diego (who believe animal rights propaganda)-- they foolishly allowed this large dog to sleep directly with them AND their new baby??? And what happened? The dog killed the baby!
The parents claimed they didn't want to sue the shelter, and the shelter claimed they had no idea the dog was dangerous. NOW--ANYONE WITH HALF A BRAIN SHOULD REALIZE THAT ABSOLUTELY NO ONE WHO HAS A NEWBORN SHOULD EVER, EVER, EVER PLACE ANY DOG AT ALL WITH A NEWBORN BABY, PERIOD. This proves easily that propaganda generated by animal activists, lead dumb people to believe that animals are all harmless???
Even a Pomeranian dog has killed a baby. Shelters and rescues have "re-homed" dogs which have actually killed children. Supposedly they rehome such dogs to people who don't have kids? (For example, a dog that killed a child by dragging her with her scarf around her neck was then rehomed in San Diego to a couple with no kids...)
One has to be pretty damn stupid to ever believe --- that animals are all harmless
but obviously -- instead of steering people to obtain an animal from a trusted source such as a bona fide breeder which has many years of credit to their line, and can prove their dogs/puppies are safe, that no unknown breeds have been used in the breeding program--- activists instead, steer people to obtain dogs that have completely unknown backgrounds. Kids are harmed by dogs every day!!! Hospital data has proved this for many, many years!!
A 2013 study published in the Journal of the American Veterinary Medical Association about dog bite-related deaths in the U.S. from 2000 to 2009 — which was later updated to include data up until 2015 — showed that there is no correlation between dog breed and dog attacks...the main reason is due to fact that "visual" identification of a canine by bystanders, animal control and law enforcement--do NOT prove the dog's breed identification. While many dogs may APPEAR to show outward characteristics of certain breed types, the truth is that a mixed breed dog can be a combination of many breed types mixed together, and it's pure chance of how it appears on the outside.
According to that 2013 study above, there are 7 'controllable factors' present in all dog bite related fatalities; factors included were named as follows:
- no able-bodied person being present to intervene with a dog bite
- the victim having no familiar relationship with the dog
- the dog owner failing to neuter or spay the dog
- a victim’s compromised ability, whether based on age or physical condition, to manage their interactions with the dog
- the owner keeping the dog as a resident dog, rather than as a family pet; this includes keeping a pet on a chain outside or keeping a dog locked in a basement
- the owner’s prior mismanagement of the dog
- the owner’s abuse or neglect of the dog
What this boils down to is this: ANY PERSON WHO IS GOING TO INTERACT WITH AN UNKNOWN, STRANGE DOG, NEVER-BEFORE-MET; WHERE THAT DOG HAS NOT BEEN SOCIALIZED ON A REGULAR BASIS, OR HAS BEEN ABUSED OR NEGLECTED--- ESPECIALLY IF TIED OUT FOR MUCH OF ITS LIFE................you have the makings of a very dangerous meeting.
Anyone who knows dog behavior would NEVER take, meet, or approach a strange dog alone, especially under these conditions, and especially if the dog is medium to large. It doesn't matter if it's a collie or a GSD. Never approach a strange dog in any situation, especially if you have kids with you who are not trained in safety with dogs in general. Having worked as former animal rescue , we ran into many hundreds of would be owners that knew absolutely nothing about dogs at all but just wanted to own one.
If you can't be bothered to find out what is required to adequately take care of a dog, you should not buy or own a dog. A dog is NOT like a cat. and if you are dumb enough to listen to animal rights and activists, you should not own an animal either--because activists believe animals are equivalent to humans, but better?
Many parents know (1) absolutely nothing about dogs and (2) just adopt anything from a shelter, without (3) any knowledge of breeds/traits, without considering the consequences, and (4) without even thinking at all. (We have done animal rescue ourselves for many years and witnessed many new parents who were complete idiots as to animals, but still felt they were smart enough to own a puppy or dog.....trust us, many parents are oblivious to buying or rescuing an animal and should never even own an animal.)
Dumb people follow animal activist nonsense about never "buying" a puppy--but instead should adopt an unknown canine. The foolishness of that crap is so ridiculous that it is never surprising how dumbed down the public is re where to obtain an animal, especially when one just had a new baby!! That baby's life could have been spared if the parents had not been so dumb----no one forced them to take a giant dog and have it in their bed with the baby. How sad that stories like that are even told. If people had common sense, things like that would never happen. And no shelter should ever sell such a dog to anyone with a new baby, period.
* Attorney has many years of experience with animal cases and is well versed on animal law, breed specific legislation, basic dog laws, lawsuits involving animals, laws outlawing the sales of puppies, and far more. Attorney has worked with experts on such dogs, including one who testified in the landmark case of U.S. v Stevens, where the United States Supreme Court found no guilt under the law as to Stevens. See
Attorney does not do lawsuits involving personal injury from dog bites, we leave those cases to personal injury attorneys. Attorney may consider challenging laws that violate animal owners' rights, such as when illegal conduct is used to trample the animal owners' rights (i.e., illegal seizure, etc.)
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