BOARDING OF DANGEROUS PITT BULLS COSTS WOMAN SOLE CUSTODY OF HER CHILDREN AND CREATES COURT RESTRICTIONS

In the recent case of Cuccia v. Cuccia, No. 2010-CA-00083-COA (Decided June 14, 2011) the Court of Appeals decided that one legitimate factor in reversing a sole custody award to a woman was the boarding of dangerous dogs on her property. Julie Ann Cuccia testified she ran a dog boarding and training business as well as a dog rescue operation on the marital property and in the residence. She testified at the time that she was housing thirty-six dogs on the property and in the residence. The menagerie included numerous Rottweilers and pit bulls. Furthermore, on one occasion, the record indicates that a Rottweiler on the property engaged in a fight with another Rottweiler at the residence, wherein the instigating dog brutally attacked the other animal with such viciousness that the dog was eventually euthanized for safety purposes.

In a temporary order, the Chancellor enjoined Julie Anne from allowing more than three dogs to run loose or occupy any portion of the marital residence utilized by the family and the children. No dogs were allowed in the house weighing more than thirty pounds. However, Julie Anne was allowed to continue boarding animals of any number and any size in the garage portion of the residence, as long as the animals were penned or caged and separated from the rest of the home. The chancery court further allowed Julie Anne to continue boarding animals outside the house without restriction.

On appeal, the Court of Appeals noted the dangerous dogs as a factor in taking sole custody from Julie Ann and further ordered that, for the safety of the children, they must restrict Julie Anne’s ability to allow dogs of any number and weight to roam loose or occupy any portion of her residence utilized by the parties’ children as living space.

Mark A. Chinn is a family lawyer in Jackson, Mississippi, rated as one of the top 50 lawyers in his State, and author of three ABA books on family law. Mark is a former member of the Council of the ABA Family Law Section and a frequent national speaker and writer in the fields of family law and law practice management. He can be reached at (601) 366-4410 ormark@chinnandassociates.com view his Divorce magazine profile or his website

Comments are closed.