The end of a relationship, whether a breakup or divorce, is an emotionally challenging experience. Amidst the emotional turmoil, one aspect that often requires careful consideration is the ownership and care of shared pets. If you are considering divorce and you share a pet with your spouse, you may be concerned about who will get the pet when you separate.
Despite the emotional connection many people have with their pets, courts in most jurisdictions will view pets the same way they view other property, like furniture or jewelry. If one person brought the pet into the marriage, they will likely be awarded it during the divorce. However, there are many variables, such as who takes care of the pet, that the court may take into account. But our four-legged companions are more than just animals; they’re family members. In this blog post, we’ll explore the various aspects of pet ownership after a breakup or divorce, offering guidance and insights to help ensure the best possible outcome for you and your furry friend.
The Basics of Pet Custody
For many couples, a dog (or cat) is a beloved family member, making a breakup or divorce the start of a custody battle over the pet. Pet custody laws vary by state, and unlike child custody, they typically do not include visitation rights or support obligations.
Working Out Pet Custody in Court
When considering pet custody, couples must first determine if both parties want the pet. If one person is indifferent to pet ownership, custody should be straightforward. If not, prepare for a custody battle. Courts will consider several factors when deciding pet custody:
Who Purchased or Adopted the Pet?
Often, the decision comes down to who bought or adopted the pet. Adoption centers usually require all household members to meet the pet before adoption. Courts will check whose name is on the adoption or purchase receipt. While animals are viewed as property, the person who paid for the pet is generally entitled to keep it. However, contributions to the pet’s care can also be considered.
Who Primarily Cares for the Pet?
If an individual did not purchase the pet but is the primary caretaker, courts may take this into account. Evidence like vet bills, grooming receipts, or food purchases can support this claim. Character witnesses, such as neighbors who see one person regularly walking the dog, can also be valuable.
Who Can Best Care for the Pet?
Some courts consider the pet’s future life after the split. For example, Alaska and Illinois have laws that consider the pet’s well-being in custody decisions. New York’s new law requires courts to consider domestic violence, the best interests of the animal, and other relevant factors when determining pet custody.
Types of Ownership Arrangements
Shared Custody: Both parties share time with the pet, providing consistency and involvement for the pet.
Primary Custody: One person has primary custody while the other has visitation rights, offering a stable environment for the pet.
Sole Custody: One person takes full custody, with the non-custodial party receiving regular updates and possible visitation.
Regardless of the circumstances, three possible outcomes exist:
- The parties agree on who keeps the pet.
- The parties disagree, and a court decides custody.
- The parties agree to share custody.
Conclusion
Keeping your pet’s needs at the forefront and cooperating with your ex-partner can ensure a smoother transition for your furry friend during this challenging time. Remember, your pet’s unconditional love remains constant, and with the right approach, you can provide them the stability and care they deserve.
