Tuesday, October 23, 2007



Who Gets The Pets In A Divorce?

During a divorce there are so many issues to be decided. Martial assets have to be divided, alimony and child support awarded and custody arrangements must be made.

But what about the pets? What happens when both spouses want custody of the dog or cat? Since animals are considered "property" in most states, the family court usually treats pets much like it would when dividing the china and other household items. This is sad, because as any pet lover will tell you, pets become beloved members of our families.

In my own divorce, I got to keep our 17 pound black and white cat, Woogie. Luckily, as bitter as my divorce was, my ex did not pursue custody of Woogie. I am sure he did not want to hurt the children by trying to take their cat away. Some couples who do not have children and consider their pets their "kids" may wage an all out battle for their pets.

The best way to resolve a pet custody dispute is to think of what is in the best interest of the pet. Also allowing the spouse, who does not get to keep the pet, visitation rights is a good idea. If there are children who have bonded with the pet, it is always a good idea to let the pet live with the custodial parent so the children are not traumatized by having to have their pet live in a different home. Couples need to work together and put their differences aside for the sake of their dog or cat. Don't put the fate of your beloved pet in the hands of a family court judge.

1 comment:

Family Law Portal said...

Great article. For pet custody, it's important to be honest about who can provide the best care, to never use the pet as a bargaining chip and seek professional help (i.e. a mediator) if needed. Whatever happens, you should also try to maintain your pets routine and environment. Family & The Law (Family Law Portal)