When a married couple divorces, the first questions that often come up are dividing assets and sharing custody of any children. However, more and more attention is now being paid to custody of pets, who are seen as part of the family. According to a 2014 study, pet custody disputes have increased by 27 percent in recent years.
How the Courts View Pet Custody
In Texas, decisions on pet custody during divorces are often based on property law, as animals are legally considered property. However, many judges and divorce lawyers are also starting to consider pets as family members during the negotiation and settlement processes.
As a community property state, Texas divorce law considers any property acquired during a marriage to be equally owned by both spouses. A 50/50 split of the value of property, such as cars or houses, is quite common. However, you can’t just split a dog, cat, bird, or snake in half!
Several factors may come into play when arguing for pet custody during a divorce; for example, who is the primary caregiver for any pets in the family home? Which party is responsible for paying vet bills, buying pet food, and covering any associated costs of care? Who will be able to provide the best possible care for the pet or pets after the divorce is finalized?
However, the issue can quickly become complicated, as one or both spouses may argue that they are the person that the pet is attached to; that is, they believe that they are the pet’s “favorite” and so they deserve primary or even full custody.
Who Gets the Dog (or Cat)?
If one of the spouses believes that the pet is more attached them than their partner, then they can argue during divorce proceedings that they should be awarded custody of the pet. However, the court will often demand evidence to support this claim. In other states, video evidence, personal testimony, and even testimony from vets or animal care providers has been used to prove that one party has more of a claim to ownership over the pet than the other does.
The easiest thing to do if custody of a pet is disputed during a divorce is to try and reach an agreement before going to court. However, as most people have deep emotional attachments to their pets, they are often used as leverage in divorce proceedings.
A divorce settlement between a married couple with pets might award shared custody of the animals, in which case the pets would move back and forth between the two spouses according to a schedule set out by the courts or a negotiated agreement. Much like child custody, one party could be taken to court if they do not adhere to the terms of the pet custody agreement. This often works best if the pet custody schedule aligns with that of the couple’s children – for example, the family cat or dog would come with the children to one parent’s house, then go to the other according to the custody agreement.
Talk to a Divorce Lawyer Today about Pet Custody
If you’re in the process of separating from your spouse and need to arrange custody of any pets, a divorce lawyer will be able to help you work towards an arrangement that best suits both parties. Your pet isn’t just an asset like a house or a car; it’s a member of your family, and during the often stressful process of divorce, its health and wellbeing must be taken into account, much like a child.
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