Custody battles are never pretty, but one case in Sarasota, Florida, is a regular zoo. And that doesn’t mean the throngs of cameras and onlookers that showed up at the courthouse.

The hullabaloo in question surrounds Eli, an 11-month-old who weighs thirteen pounds, wears a diaper and when he leaves the house is led by a leash. Eli is, if you haven’t guessed it yet, a chimpanzee, and he’s at the center of a legal case out of Florida that brings to mind a comedy more than it does a serious case.

But chimpanzee handler Virginia “Gini” Valbuena is completely serious, as a Missouri man attempts to challenge her ownership of Eli.

James “Mike” Casey wants the court let him try and legally prove that Eli came from his chimpanzee ranch, and that he should be returned to his possession. The court case centers around whether or not there should be DNA testing to determine who Eli’s primate parents are, thereby determining his origins.

The DNA testing technique would be similar to those used in paternity cases among humans.

Casey ran the chimpanzee ranch with his ex-wife before the two went through a bitter divorce. If Casey can prove that Eli came from his ranch, then he can prove also that the chimp was taken from the property unlawfully. The Sarasota Herald Tribune, which is covering on the case, reported that the chimp is worth $65,000.

Valbuena, on the other hand, contends that Eli came from a California wildlife park. She lives in the Sarasota area with the chimp, and claims that she is raising and training him on behalf of a Hollywood company.

Adding to the strangeness of the case, Valbuena has requested the right to bring Eli into the courtroom with her. She claims that she cannot find a qualified chimp-sitter to ensure that he is safe and healthy at her home. Eli requires care around the clock. According to the Herald Tribune, Valbuena has noted that despite his hairy body, huge ears and protruding mouth, no one would notice the difference between him and an 11-month-old baby unless they looked closely.

Valbuena’s attorney has said that Eli would not be any more dangerous than the guide dogs and service animals that people regularly bring into the courtroom. She claims that the chimp is as helpless as a human infant, especially when he is on a leash. Valbuena also noted that Eli enjoys kissing and cuddling.

The judge in the case, Circuit Judge Charles Roberts, has yet to rule on whether Eli will be making a personal appearance in the courtroom.
Casey and his representation are seeking a DNA custody test that is similar to those conducted in paternity cases, which is a unique occurrence according to attorneys who spoke to the Herald Tribune.

Casey claims that there is enough evidence to justify the testing, including Valbuena’s business relationship with his ex-wife, and Eli’s age and appearance.

The only way to be 100 percent certain of the provenance of the animal is for this court to order a DNA test to be taken and compared with samples from the purported parents, attorney Jason Wandner wrote in a motion.

It is illegal to own a chimp as a pet in Florida, though Valbuena claims to have a license as a professional exhibitor.

The judge ultimately denied the claim to test Eli’s DNA. He did not, however, count out a future test, once more information was gathered.
Eli has yet to offer his opinion of the custody case.

This entry was posted on Friday, January 29th, 2010 at 9:45 am and is filed under Divorce News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.