Ha. I am glad it was
you who asked the question of Ohiogal* and not me, JennK2009, because I
personally have no desire to go to court and show my butt.
It is often a "rogue" judge in a state who will decide that a pet should be treated differently than property and who will then consider best interest factors similar to those used by courts for children. And some states have shown themselves more open and friendly than others toward the idea of accepting pets as companions and not chattel.
Ohio is making some progress in recognizing pets as something other than property, with Senate Bill 177, which automatically includes pets under any order of protection in domestic violence disputes. The Senator who introduced the bill, Senator Skindell, said: "It is important to recognize that these animals are not considered a piece of property. Most people in our society consider their pet to be a companion or member of the family."
See
http://www.ohiosenate.gov/senate/democrats/press/legislation-to-protect-pets-in-domestic-disputes-passes-ohio-senate
*Are you feeling okay, OG?