LANSING – When Bloomfield Hills resident Christy McGuckin divorced her husband, their three golden retrievers found themselves in a curious position.

Under federal and state law, the pets were considered property -- much like the furniture and other assets divided in the divorce.

Lucky for McGuckin and her dogs, an amicable agreement was reached outside court and the two dogs McGuckin adopted while married went with her, while the other dog, adopted by her ex-husband, went home with him.

Some pets aren’t so lucky, and an increasing number of divorce cases now involve custody battles over family pets, said Sharon Noll Smith, a Bloomfield Hills attorney and member of the State Bar’s Animal Law Council.

Under a new bill by Rep. Michael Sak, D-Grand Rapids, Michigan’s current divorce law would be amended to include a protocol on how to settle arguments over pet placement.

Linda Reider, the animal welfare specialist of the Michigan Humane Society in Rochester Hills, said, “We support the idea of the bill. Sixty-three percent of people share their life with an animal, and the majority of those people consider them to be more of a child than a couch.”

Smith said pets are becoming more of an issue in divorce cases and judges are being asked to resolve disputes.

“In general, people are more pet-conscious. They value their pets, become attached and, in some cases, the pet can become a child substitute. People genuinely care about what happens to their pets,” Smith said.

Reider said the bill would give judges the option in the courtroom to consider the welfare of the animal.

The bill, while allowing couples to decide the fate of pets on their own, also would allow the judge to place the pets with one party or the other when the two disputing parties can’t reach an agreement.

According to the bill, judges wouldn’t be able to order shared custody of the pet unless the parties involved filed a written agreement for shared custody with the court.

If neither party in the divorce is deemed fit to care for a pet, the judge could order the animal to be placed with a local humane society or similar facility.

Reider said, “Our goal is to be a place for animals who have no place to go.”

Each year approximately 50,000 animals are taken in at the Humane Society’s three adoption centers in Rochester Hills, Detroit and Westland. Although the organization doesn’t compile statistics on family dispute situations that lead to the surrender of the pet, Reider said divorce is definitely one such factor.

Reider said she hopes the legislation will help change the laws that categorize pets as property.

“Animals need to be taken into account,” she said, “There is a difference between property like a couch and an animal. Animals have feelings and get attached to people and these people get attached to the animals emotionally.”

The bill is awaiting action in the House Judiciary Committee.