N.J. case sets pet-custody precedent

INQUIRER STAFF WRITER

SALEM, N.J. - Eric Dare and Doreen Houseman broke up more than three years ago, but they still haven't worked out who gets Dexter.

Yesterday, for the second time, the matter of the 6-year-old pug was before a New Jersey judge. And at the end of the day, it was still unclear where Dexter would be permanently hanging his leash.

Dare yesterday testified that he bought Dexter but let his ex-fiancée share the dog for a while after they split up, to make her feel better.

He said he never intended to give Dexter to Houseman permanently. He was trying to keep things civil, he said, "just like people with children that have to share custody."

The arrangement soured in February 2007, he said, when Houseman went out with one of his friends. He decided to keep Dexter, and kept Houseman from seeing the dog. Houseman got a lawyer.

After hearing testimony in Superior Court in Salem County, Judge John Tomasello yesterday ruled on some issues but made no final decision on Dexter.

"I'm not inclined to be Solomon and cut the dog in half," Tomasello said. "That dog has to go somewhere."

In her testimony, Houseman said she was "blindsided" when Dare said their relationship was over in May 2006. She said Dare asked her to move out and told her she could keep Dexter.

"We referred to our dog as our son," she said.

After hearing testimony from the former couple, the judge ruled that while Dare had purchased the dog and paid the veterinary bills, Dexter was joint property because the two lived together and both cared for him. The judge also ruled that Houseman's claim that she was given the dog permanently when the couple split was not proven.

In the end, the judge asked the attorneys to file additional briefs. He said he wanted to hear ideas on who should get the dog and why.

"You both love the dog enough, and I look forward to hearing" suggestions, the judge said. Houseman and Dare, both of Williamstown, said yesterday each had spent $20,000 on attorneys' fees trying to win Dexter.

Tomasello, hearing the case in Salem after it was moved to that courthouse from Woodbury, appeared irritated by some of the testimony. He rolled his eyes and cut some answers short, as Houseman described how she lavished gifts on the dog and otherwise pampered it.

Tomasello two years ago refused to consider who was the appropriate owner of the dog when the couple came to him with a dispute over their joint assets, including their house and shared savings account.

"It's a piece of property, even though he's nice and he's cute and he's furry," the judge said. Tomasello deemed the pug no different than furniture, with a price tag, and awarded the dog to Dare because he had possession. He then awarded Houseman $1,500, the cost of the pedigree dog.

Houseman appealed, and a New Jersey three-judge panel set precedent when it ruled the judge should have considered the "subjective value" of the pet before awarding custody. A new trial was ordered.

Gina Calogero, Houseman's attorney, called it a "landmark decision" on pet custody, which she says is an emerging field. Though judges are sometimes dismissive of such cases, their responsibilities often include deciding on much more minor matters in divorce and other cases, she said. More than a handful of cases - in Pennsylvania, Florida, California, and elsewhere - are setting precedent on how they should be handled, she said.

The Animal Legal Defense Fund and Lawyers in Defense of Animals have also been pushing for more sensitivity to such cases.

Dare's attorney, James M. Carter, has said he thinks family-court judges have better things to do, such as dealing with custody of children.

"As far as the legal community goes, many attorneys realize this would be the first step down a slippery slope," he has said.

After yesterday's court session, Houseman, a 35-year-old customer service manager, said she would be willing to share the dog.

Dare, a 36-year-old Monroe Township police officer, said he would not. He said it would be unfair to his new fiancée if he continued a relationship with Houseman.