The Love Of A Pet: Divorce And Pets
Posted on: 12 October 2017
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When it comes to divorce, custody issues can be among the worst to resolve. The law tries to ensure that the right thing is done for your child, even if it's not exactly the right thing for the parents. If you have fur-babies, you may feel just as strongly about them as you do your human children, and you may be wondering what will happen with them when you divorce your spouse. Read on to learn more about how the law views pets in a divorce.
Property, not custody
While you may think of your dog, cat or other pet as a member of your family, the law views things a bit differently. Pets are considered property, just like your car or house, and in most states you can expect a pet to be dealt with just like property. If the parties agree, then the pet will be assigned to one party or the other, but in most cases pet custody would not even be discussed if the parties agreed in the first place. Try not to make this an issue by coming to terms and creating your own pet custody agreement during the divorce process, even if the agreement is not legally enforceable.
When the judge has to decide
Since this is likely to be a hot-button issue for some couples, the judge may look at several different factors when deciding who should end up with this particularly warm, cute and lovable piece of property. The judge may consider:
- Who bought the pet in the first place, and was it a gift for the other party or not.
- Was the pet a gift to one party from someone else?
- Who was responsible for the bulk of the care of the pet? Taking care of animals can be time-consuming and exhausting, so the judge will want to know who walked the pet, fed the pet, took the pet to the vet, etc.
- Who has the best living environment for the pet? A fenced-in backyard or other accommodation could swing the vote.
- Is there a child involved with the pet and could it negatively affect that child to lose the pet? The family court places an extremely high priority on the best interests of a child in a divorce situation.
- Do the pet parents live near one another, which might facilitate a shared custody arrangement?
Speak to your divorce law attorney if pets are involved in your divorce situation.