Who Gets the Family Pet in Divorce?
With the rise in pet ownership and high incidence of divorce, pet custody has become more common. As an update to the information below, the court in a divorce action is now required to consider the best interest of a companion animal in awarding possession of that animal to one spouse or the other. This can be the subject of a hearing, if necessary.
With the rise in pet ownership and high incidence of divorce, pet custody has become more common.
The Court looks at several factors when determining pet custody:
• Daily Needs
Who takes care of the pet’s basic daily needs: food, shelter, walks, grooming, social, etc.
• Vet Visits
Who takes the pet to the veterinarian? Who pays vet bills?
• Support
Who has the greatest ability, both physically and financially, to support the pet?
• Children
If there are children in the marriage, will the pet be taken away from them?
As with other personal property, if a spouse owned a pet before marriage, the pet is the spouse’s separate property and will most likely remain with that spouse. Absent agreement between spouses, a pet acquired during the marriage will be ‘distributed’ as the Court sees fit. The Court may establish a visitation schedule.
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