Pet Custody Divorce
Divorce Papers > Divorce Custody > Pet Custody Divorce
A majority of divorce courts consider pets as marital property. A pet is regarded identical to furniture by the court. However, the spouses seeking divorce consider their pet as a member of the family. Let us assume the following 2 conditions.
- One spouse owned the pet before the marriage
- One spouse has played the role of the primary caretaker of the pet
In both these conditions, the court is more likely to award this spouse the custody of the pet. Another situation is that the pet belongs to the child of the divorcing couple. In this case, if the court thinks that it is in the best interests of the child, then the parent with primary physical custody of the child is granted the custody of the pet.
Tips regarding Pet Divorce Custody
- The parent must prove to the court that he/she is the individual who can offer best care to the pet. For this, the following points must be proved
- The parent has time to play with the pet, groom it and exercise it
- The parent has space in his/her residence for the pet
- The vet may be requested to testify regarding the parent's capacity to take care of the pet
- Let us assume that the parents have a valuable pet (for example a show cat or show dog). The court looks towards this pet as an valuable asset and probably as a business (for example, the parent collects stud fees by showing the animal)
- Another situation is when parents have 2 or more pets of the same species. It is recommended not to separate them. Separation leads to anxiety or depression amongst these pets
- The spouses must discuss the topic of the pet between themselves and attempt to work out a plan. This may lead to the development of visitation arrangements
- Let us consider that the spouses have children. In a majority of such cases, the child has most possibly an attachment with the pet. So, the best option is that the pet must live where the child lives
Latest trend in Pet Custody Divorce
The ALDF (Animal Legal Defense Fund) has published the following news on its website regarding the latest trends in this topic.
Traditionally, the law has looked upon a pet as it would look to an item of property (like a lamp or a sofa). According to this outlook, as it is foolish to discuss the custody of a lamp, similarly it is absurd to discuss the custody of a pet. Instead of using the word custody, the word 'ownership' is more appropriate.
However, in the recent past, several courts have admitted that pets have feelings and are conscious beings. Hence, they must not be regarded as property. Consequently, several judges have tried to aim at the best interests of the pet while awarding the custody. Accordingly, the courts have acknowledged that some different criteria must be applied for conflicts over pet custody.
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