Raleigh, N.C. – In a decision that highlights the growing legal complexities of pet ownership, the North Carolina Court of Appeals affirmed a district court ruling that awarded full custody of a Great Dane named Roxy to Laura Volastro. The case stemmed from a divorce between Volastro and Neils Moore, a couple who had lived on the coast of Dare County.
Background of the dispute
Moore and Volastro decided to add a dog to their family in December 2023. After visiting a breeder, Moore placed a $500 security deposit and was listed as the buyer when they picked up Roxy the following month. He then paid the remaining $500 balance, completing the purchase.
Evidence that swayed the court
During the proceedings, Volastro posted a Facebook message on Christmas thanking Moore for the puppy, describing it as a gift. Testimony from witnesses and neighbors indicated that Volastro was the primary caregiver for Roxy, handling daily walks, feeding, and veterinary appointments.
The appellate justices concluded that the combination of the Christmas gift acknowledgment and Volastro’s day‑to‑day care established Roxy as a present from Moore to Volastro. Consequently, they upheld the lower court’s determination that the dog should remain with Volastro.
Legal implications for pet owners
This ruling underscores that pets are considered property under North Carolina law, but courts may also weigh the “best interests” of the animal, much like they do with children in custody disputes. The decision may serve as a reference point for future divorces where couples dispute ownership of beloved pets.
Community reaction
Local residents expressed mixed feelings. Some praised the court for recognizing the emotional bond between a pet and its primary caregiver, while others cautioned that treating pets as property could limit protections for animals in family law cases. Animal‑rights advocates noted the need for clearer statutes that address pet custody directly.
What’s next?
Moore has not indicated whether he will appeal the decision further. In the meantime, Roxy remains with Volastro, who plans to continue caring for the Great Dane in their Dare County home.
The case adds to a growing body of jurisprudence that treats pets as more than mere assets, reflecting the importance of family and companionship in North Carolina communities.
Original reporting: WRAL Raleigh — read the source article.
