Divorce is a tough time for everyone involved — including your furry friends.
In most jurisdictions, your pets are legally considered property, meaning they can be subject to division like any other asset. However, they’re not just “things” the way a car or house is. They’re part of your family.
Because of that, courts often recognize factors beyond simply who paid for your pet and try to make decisions in their best interests.
Factors Courts Consider to Determine Pet Custody
If it’s not simply a matter of who swiped their card when you brought Fluffy home, what does the court look at? Here are some of the most common factors judges consider when determining pet ownership.
Who Was the Primary Caregiver?
Who walked your dog every morning? Who cleaned the litter box? Who took Fido or Whiskers to vet appointments? Actions like these indicate a level of closeness with your pet and involvement in their care, crucial considerations for evaluating who is best to continue caring for them.
Who Has the Most Suitable Living Situation?
For example, when determining ownership of a dog, a judge might consider who has a bigger yard or adequate space to roam around in. They’ll also look at your work situation and schedule to assess how much time you have to spend with your pet.
What’s in the Pet’s Best Interests?
While more subjective and individual, this question is becoming increasingly important. Courts try to consider what would be most conducive to your pet’s physical and emotional well-being. For example, a nervous dog might be better suited for a quieter home.
Do You Have Kids?
If children are involved in the divorce, their bond with your pet might play a huge part in deciding pet ownership. Judges usually want to minimize disruption to your children’s environment as much as possible, and keeping their beloved pet with them might provide some comfort and stability.
Joint Pet Ownership
While it’s not as common as with kids, some couples are opting for “joint custody” arrangements for their pets. This might involve alternating weeks or months with your furry friend or creating some kind of shared schedule.
Sometimes, if one person’s living situation is more suitable, they become the primary owner but invite the other person for regular visitation.
Depending on your relationship with your ex-partner and how invested you both are in the pet, there are multiple ways to approach post-divorce pet ownership. If you can reach an agreement with your ex outside of court, that’s even better.
Proving Ownership
Whether you’re on amicable terms with your ex or are going through a messy divorce, if you’re petitioning for pet ownership, it’s smart to gather documentation that proves you are the rightful owner.
Keep vet records, photos, detailed logs of pet care, and any other evidence that demonstrates how close you are to your pet.
If you need more support, the attorneys at Gucciardo Family Law are here to help. We can help you navigate the challenges of divorce and fight for the best interests of you and your pet in court.
