How To Get Custody of the Dog

Often when couples come together in a committed relationship or marriage, a family pet isn’t far behind. However, who gets custody of the bet when the relationship ends?

Pet custody is a tricky area of family law because so many people assume it works similarly to child custody. However, this tends not to be the case. That’s because courts generally look at our beloved pets not as children but as personal property.

This article serves as an introduction to pet custody issues in divorce proceeds. For legal advice on your specific situation, reach out to a custody law attorney.

What Determines Custody of a Pet?

The answer to this question depends on the jurisdiction, but most states don’t view your pet as a family member when it comes to custody cases. Instead, courts consider your pet as personal property, similar to a car or piece of furniture. In these states, courts will look at who purchased the pet and is their legal owner.

Still, some states are taking steps to more meaningfully acknowledge the role that pets play in the lives of their owners. For example, both Alaska and Illinois have passed measures that classify pets as more than just personal property. Additionally, California judges overseeing pet custody agreements may now weigh the best interests of the pet when making a final ruling. This law in particular, mirrors child custody laws, which are often geared toward the best interests of the child.

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How To Keep Custody of Your Pet

Divorce proceedings are typically a long and winding road filled with uncertainty and emotion. Before spending significant costs on legal fees, consider ways to resolve the matter amicably. You’ll probably still need a lawyer to assist in the details, but an amicable split is always preferable to a hostile one.

Here are some potential avenues that you can take before, during, and after a marriage to keep custody of your pet:

Prenuptial or Postnuptial Pet Custody Agreement

Prenuptial agreements can be a touchy subject for couples. But agreeing on the difficult things early on can costly legal fees and bitter arguing later on. Negotiating a prenuptial or postnuptial custody agreement for your pet can provide peace of mind in a relationship and take uncertainty off your plate.

Alternative Dispute Resolution

Alternative dispute resolution (ADR) is often the most amicable way to resolve a pet custody dispute during a divorce, because it involves the parties coming together to mediate or arbitrate their differences.

With the court system so clogged, ADR is often a more expedient and cohesive means to solving the dispute than divorce court.

Divorce Court

When compromise can’t be reached and ADR is not an option, the decision could be left to a divorce court judge. When assessing you keeps the pet, a judge will try to assess whether the pet is community property, i.e., was the pet purchased before or during the marriage? In most states, if the pet was purchased prior to the marriage, it is deemed to be separate property and the original owner of the pet will retain.

As you’ve no doubt realized by now, the answer to this question depends largely on the law in the jurisdiction where you and your beloved pet reside. For this reason, it is best to seek out the advice of an experienced attorney who can guide you on the law in your area.

Find Legal Help for Your Pet Custody Case

A complicated and emotionally taxing pet custody dispute can be made easier with the benefit of a lawyer by your side. Visit the Super Lawyers directory to find a custody law attorney in your area.