Who Gets the Pets in a Divorce? Pet Custody Battles

Who Gets the Pets in a Divorce? Pet Custody Battles

When a married couple gets divorced, deciding who gets to keep the pets can become a big issue. Pets are part of the family – for many people, they’re like our children. Losing a pet in a divorce can be just as hard as losing custody of a child. This article looks at the laws around pet custody, and what options divorcing couples have for deciding who keeps the furry friends.

Pets as Property

Legally, pets are considered property. This means the court will award pets to one spouse or the other, just like any other possessions accumulated during the marriage. It doesn’t matter if you feel your dog is a member of the family – the law sees pets more like furniture or cars. There’s no such thing as “pet custody” or “visitation rights” for pets under the law.

But that doesn’t mean you don’t have options. More and more couples are choosing to have a pet custody agreement as part of their divorce settlement. And some states are passing new laws that require judges to consider the pet’s well-being.

Pet Custody Agreements

Even though the law says pets are just property, you can still make an agreement with your ex about sharing custody of your pets after divorce. This allows you to split time with the pets instead of just giving them to one spouse.

For example, you could agree to trade off every 2 weeks, or split time with different pets. You can make any schedule that works for you. The key is putting your agreement in writing as part of your divorce settlement. That makes it legally enforceable.

Pet custody agreements let you do what’s best for the animals, even if the law doesn’t require it. And it avoids fights over who gets to keep the pets.

States With Pet Custody Laws

A growing number of states have passed laws dealing with pet custody. These require judges to consider the well-being of pets in divorce cases, not just treat them like property.

For example, California law says judges can provide for joint ownership and custody of pets in divorce. Alaska, Illinois, and New York have similar laws requiring pet well-being be considered.

These states give judges more leeway to award joint custody or visitation, instead of just giving the pet to one spouse. The judge has to decide what’s best for the pet – like they do for child custody.

What Judges Consider

Even in states without pet custody laws, judges can still consider the animal’s well-being. They just have more discretion over what factors to look at.

Some things judges might consider are:

• Who takes care of the pet’s daily needs – feeding, walking, vet appointments?
• Who has a stronger bond or connection to the pet?
• Who originally owned or purchased the pet?
• Would joint custody or visitation be possible?
• What living situation would be safest and healthiest for the pet?

There’s no one right answer – it depends on your individual situation. But being able to show you’re the main caregiver or have a close bond with the pet can help.

What About Kids and Pets?

When children are involved, judges will often award pet custody in a way that aligns with child custody. For example, if one parent gets primary custody of the kids, they will probably get the family pet too.

This avoids disrupting the kids’ lives even more by taking away their pet. It also keeps the whole family unit together. Child psychologists say losing a pet can be very traumatic for kids after a divorce.

But again, you can agree to your own pet custody schedule. The court doesn’t have to follow the same arrangement as child custody.

Tips for Deciding Pet Custody

Here are some tips for smoother pet custody discussions:

• Stay calm and logical – don’t let emotions take over.
• Focus on what’s best for the pets, not what you want.
• Be flexible and willing to compromise.
• Agree ahead of time not to use pets as bargaining chips.
• Consider joint custody or visitation if you can’t decide.
• Ask your divorce lawyer for help if you’re stuck.

With some creativity and cooperation, you can find a solution that keeps your pets happy and healthy.

Enforcing Pet Custody Agreements

If your ex violates your pet custody agreement, you can take them to court to enforce it. Breaching a contract is illegal, even if it’s just over pets. Make sure to document any issues in writing.

That said, court battles are stressful for everyone – including the pets. Try to resolve problems cooperatively if you can. But know you have legal options if your ex just refuses to compromise.

Changing a Pet Custody Agreement

Like child custody, your pet custody arrangement can be modified if needed. If it’s not working well, or circumstances change, you can go back to court to get the agreement changed.

For instance, maybe you moved and can’t do the existing custody schedule anymore. Or your work schedule changed so you can’t care for the pets as much. Life happens, so the agreement can be updated.