How Does Pet Custody Work In A Michigan Divorce?

When couples faced divorce in the last century, the typical points of contention included custody of children and asset allocation. While custody agreements were often complicated and debatable, dividing up property and material goods was easier since judges had laws and precedence to guide their decisions.

With the dawn of the 21st century, many things became increasingly complex, including the subject of pet custody as part of divorce settlements. Since a significant number of people view pets as part of the family, they often fight just as hard to be the primary or sole caretaker of the animals as they do for children.

Property vs. “Family” Members

Though many people strongly disagree, Michigan, as well as the majority of other states, views pets as personal property. In the eyes of the law, pets are on the same level as your house, jewelry and cars in divorce settlements. No matter how emotionally attached you are to a pet, how many thousands of dollars you shell out on vet bills, or how often you dress them in coats and hats, the judge will only consider pets as personal property.

The Basics

Michigan, like many other states, is an “equitable distribution” state, which means court decisions in divorce proceedings render decisions based solely on fairness. You must remember that “fair” doesn’t mean a judge will simply split all of a couple’s assets right down the middle. The court’s decision is based on a variety of issues including what each person attained before the marriage with their own funds and the value of non-material contributions from each party such as emotional support and childcare, among others. In the case of pet custody, all those things are considered, along with other contributing factors. In other words, if you and your spouse have two dogs and two cats, the judge won’t simply award each party one of each without weighing other circumstances. You should also be aware that some judges won’t hear pet custody arguments at all and insist the parties resolve those issues on their own.

Typical Considerations

Michigan judges faced with divorcing couples who both want custody of family pets typically take into account several other aspects of individual situations.

• Was the pet brought into the marriage by one party or by joint decision after the union was sanctified?
• Which party typically spends the most time with the pet?
• Are children in the home emotionally connected to the pet?
• Who provides most of the care for the pet?
• Who is the most financially able to provide food, accessories and veterinarian care for the pet?

Best Strategies

Most judges are positively impressed by divorcing couples who come to court with a plan in mind for pet custody. Ask your attorney for guidance in this area and keep a cool head when the issue arises in court. Present an adult attitude that shows you understand compromise on pet issues such as paying vet bills, who cares for the pet when the ex is unavailable due to sickness or travel, and other issues regarding quality time with the pet as well as the children’s involvement with pet care and nurturing, if applicable.

For more information about pet custody, contact the Gucciardo Law Firm at 248-723-5190, visit our website at https://gucciardofamilylaw.com or submit your questions to us at info@gucciardofamilylaw.com.