Determining Custody of Pets After a Divorce

by | Apr 6, 2018 | Law

When it comes to determining custody during a divorce battle, our thoughts often go towards the children. A child custody battle can be emotionally draining, and it is tough to involve a child in legal proceedings. Often, parents must come to an agreement on which spouse the child would be the best living with, or whether the custody is split evenly between the two.

But do couples go through the same process with pets?

While some of the details of the process depend on the state you are living in, it is generally treated the same way. Pets can often be thrown into custody battles and, like children, it’s important to keep their best interests at heart. So, how do you decide what happens to a pet during a divorce?

Understanding Your Pet’s Paperwork

Is your pet AKC registered? Your dog’s paperwork may show proof of ownership. Either yours or your partner’s name can be listed on the AKC papers. The courts will use this to determine who will receive custody of the pet after the divorce is finalized. If you don’t have papers, you can also look at vet records to see which partner’s name the pet is registered under.

Show Compassion

Remember that your spouse loves your pet as much as you do. Even though battling for custody of the pet may be a tough and emotional battle, you can be sure that both parties will love your pet. Remember to show compassion to your ex-partner and try to negotiate with them as fairly as possible so that you both get to spend plenty of time with your furry loved one.

Plan a Custody Arrangement

There’s nothing wrong with coming up with a ‘parenting plan’ much like you would for your child. Your pet deserves to have a comfortable place to call home, and a routine where they won’t be thrown into emotional distress or turmoil. Think about how attached pets can become to certain people. Your pet does not understand that you and your partner are fighting; they simply want to love you both.

Communicate with a Family Law Attorney

Although pets are considered property in a lot of states, you still have a right to discuss custody terms with your ex-partner. Your pet’s needs should be a priority, and you can work with your lawyer to establish a case that would work in the best interest of your little-loved one. The Fitzgerald Law Firm P.C. has an Aurora family law attorney that can help you get set up with the divorce process, including any and all property and loved ones that you want to fight for.

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