Saturday, September 26, 2009

Who Gets the Dog?

Superior Court Judge John Tomasello couldn't wait to flee the bench and return to the business of deciding what he considered to be more significant matters. But to Eric Dare and Doreen Houseman, owners of Dexter the six year old pug, Tomasello's decision could not have been more important.

You see, Tomasello decided the first case of dog custody in New Jersey. And according to the Philadelphia Inquirer, the decision to split custody of Dexter was hardly inconsequential to Dare, who considers himself to be Dexter's "rightful" owner. His lawyer, James Carter, put it this way: Dare "purchased [Dexter], paid for his food, and took him to the vet. What she [Houseman] did was dress him up in goofy outfits."

Ask Houseman, however, and you will learn that she is "very happy, very relieved." In fact, she couldn't wait until she could "have him [Dexter] in [her] hands again." Since the couple split up over two and a half years ago, Dexter has lived with Dare and Houseman has not seen him.

Her turn, however, commenced yesterday and will last for five weeks. At the conclusion of which, Dexter will be returned to Hare who lives nearby. The judge said the visitation schedule could not be modified and that the drop-offs could be handled through a third party.

It is no wonder that Tomasello couldn't wait for this case to be over. In the Spring of 2007, he decided in favor of Hare and ordered him to pay Houseman the $1500, Dexter's price tag, to satisfy her claim. But Houseman appealed to a three-judge panel who ordered Tomasello to retry the case.

After seven hours of testimony focused on Dexter, Tomasello agreed that both parties loved the dog, even though he was technically still considered property. He asked both lawyers for guidance in the form of official briefs on Dexter's fate.

In ruling that Dexter should shuttle between owners, Tomasello remarked once again that the dog, "although cute and furry" is still property. He expressed his hope that the split custody should continue until Dexter goes to the "Great Kennel in the sky" at which point he fervently hoped that the owners could amicably split his ashes and leave the matter out of court.

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