How to Decide Who Gets the Pet in a Divorce
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More than half of all marriages end in divorce, and, aside from child custody battles, few decisions can be tougher than determining the custody of the family pet. Believe it or not, pet visitation rights and “pet support” are not unique in a divorce court. Learn how judges determine pet custody and how you can take steps to avoid losing your pet if you have the misfortune to be going through a divorce.
Steps
- Know how the law views your pet. In the USA (and many other jurisdictions), for the most part, the law views a pet as a chattel, or a piece of property. It’s a little cold to think of your cherished pet as property, but that is the way that the law views most animal custody cases. Pets are property, like a house or a car, and will be awarded to the property owner. As far as the basic tenets of the law are concerned, this will happen even if a pet and spouse have bonded really well but see the next step as for developments under the discretion of judges.
- Put the welfare of the animal first. This is the most important thing to consider in any custody case. Think about who can best care for your pet. Some judges will award custody based on the best interests of the animal. Courts have even assigned visitation rights and in some cases, have even awarded pet support. There is a noticeable evolution of more judges looking at pets as if they were a child and determining what are the best interests of the dog or cat. See “Tips” for ways that you can provide sufficient evident to help the judge make a reasoned decision.
- Take steps to look after your pet. There are some steps that you can take to protect the love of your life if the other love of your life doesn’t turn out:
- Include your pet in the pre-nuptial agreement, if you have one.
- If you are already in the middle of your divorce, your spouse can sign a separation agreement. Copies are available for download online, or ask your lawyer or legal welfare center.
- Never use your pet as a bargaining chip. Again, think of the best interest of the animal, not your anger or distress. If you’re going through relationship problems, a pet can provide much needed emotional support. Just don’t let your pet get in the middle of your battles.
Video
Tips
- In developing your evidence to show the judge that you are the better bet for taking care of your pet, consider doing the following:
- Ask the vet for information and a character reference
- Ask family, friends and neighbors for character references and ask them to include their observations of you interacting with your pet
- Ask for references from any pet services you use, such as dog grooming
- Present a list of bills from services that you have arranged for your pet to have during the marriage
- Create a photo collage of your relationship with your pet, with commentary on special events etc. It won’t be a clincher but it does demonstrate the care and love lavished on your pet during the time of your relationship.
Warnings
- If there is any pet abuse in the home, this will be an appropriate issue to raise; however, the manner in which this is raised should be discussed thoroughly with your divorce lawyer – it will not bode well if you are casting aspersions on the character of your spouse that are unfounded or are a form of character assassination. Much documented proof will be required.
Things You’ll Need
- Agreement with spouse either prior to marriage or during separation
- Documented evidence of your close relationship with the pet and how the pet will suffer if separated from you
- Ability to set aside your anger/distress and put the pet’s needs at the forefront
- A good lawyer, mediator or counselor; even the vet might be able to help!
Related wikiHows
- How to Choose the Right Divorce Lawyer
- How to Deal With Children in a Divorce Situation
- How to Survive a Divorce
- How to Survive a Divorce
- How to Be a Good Friend to Both Parties in a Divorce
Sources and Citations
- VideoJug A video of decision-making about pets during divorce; featuring Mitch Wilder, pet specialist. Original source of article. Shared with permission and appreciation.
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