How does pet custody work in divorce? Divorce can be complicated, but what happens when a beloved family pet is involved? This is the exact dilemma Kathy is facing in her divorce. After 12 years of marriage, she and her husband are on the same page about most things—but not regarding their dog, Tucker. So, what happens when both parties are fighting for the same pet?
In this blog post, we will discuss how the court typically handles pet custody, share real-life scenarios, and offer advice on resolving these issues amicably.
Understanding Pet Custody in Divorce
My name is David Wildstein, and I am a family law attorney with years of experience handling various divorce and custody cases. One issue that often surprises people is how courts handle custody of pets during a divorce. Pets are increasingly considered family members, and understandably, divorcing couples want to ensure that their beloved pets are well taken care of during the split. However, the legal system does not treat pets the same way it handles child custody.
Pets Are not Children, But They Matter
It is important to understand that there are no “pet custody experts” like there are for child custody cases. Courts do not have psychologists or veterinarians to determine which spouse the pet is “closer” to. There is no official framework for evaluating the emotional bond between a pet and its owners.
However, in some extreme cases, I have even seen situations where the court had to get creative. I once had a case where the judge had to decide which party would get custody of the dog based on which side of the courtroom the dog walked to. (Yes, you read that right!) While that might sound absurd, it highlights how emotionally charged these cases can become.
How Courts Handle Pet Custody
The court generally takes a practical approach to pet custody, often treating pets as property rather than children. However, this does not mean the emotional bond is overlooked. The goal is to find a fair and reasonable solution for both parties.
The court may consider shared custody similar to how they approach child custody. This could mean alternating custody of the pet regularly—perhaps one parent has the pet for one week, and the other parent has it the following week. In some cases, shared custody could be split into six-month intervals, with each party caring for the pet for an extended period.
In these cases, the focus is typically on what is in the pet’s best interest. Courts may look at factors such as who primarily cares for the pet, who provides food, medical care, and attention, and who the pet seems most comfortable with.
Common Disputes in Pet Custody
Regarding disputes over a pet, arguments often arise about who “owns” the pet or who spends more time caring for it. One spouse may argue, “I paid for the dog,” while the other might counter with, “But I take care of the dog—I’m the one who feeds him and takes him to the vet.”
These disputes are no different from custody battles involving children. In such cases, communication and compromise are key. Both parties must work together to find a reasonable solution to ensure the pet’s well-being.
The Role of Judges in Pet Custody
Judges generally do not like handling custody disputes over pets. The emotional nature of these cases can make them time-consuming and difficult to resolve. That is why it is often better for the parties involved to try to work out a solution between themselves or with the help of their attorneys rather than dragging the matter into the courtroom.
Resolving Pet Custody Disputes
Kathy, my best advice to you is this: Do not let the custody dispute over Tucker “go to the dogs.” As difficult as it may be, try to work through the issue calmly and pragmatically. Consider shared custody or visitation schedules that allow both parties to maintain a meaningful relationship with your pet.
If you and your spouse cannot agree, it is important to seek legal advice. A family law attorney can help you navigate the complexities of pet custody and negotiate a fair resolution that benefits everyone—including Tucker.
Contact David Wildstein for Guidance in Your Divorce
Pet custody may not be as straightforward as child custody, but it is an issue that is becoming more common in divorce proceedings. While courts treat pets as property, they still recognize the emotional importance of pets in people’s lives. If you are facing a divorce and struggling with handling custody of your pet, do not hesitate to contact a family law professional for guidance.
If you have any further questions or need help navigating a divorce involving pets, please contact me. I have helped many clients resolve complex custody issues and be happy to assist you as well.
