What Factors do Courts Consider when Determining Pet Custody?
A court considers a few primary factors before finalizing who gets custody of a pet in a divorce. First and foremost, the court considers the financial ability to care for the animal. A judge may also look at the living arrangements of any and all parties involved, to make sure that your pet will have the care it requires.
In addition to the financial and living arrangement considerations, the court may look at which party the pet is emotionally attached to. Does the pet recognize and follow a particular party? If so, the court will take that into consideration.
The court may also look at the personal history of each party – any prior pet ownership and any familial history that indicates an attachment to animals. One thought to remember is that the court will judge on what’s in the best interests of your furry family member, not necessarily the parties involved.
What Can I Do to Increase my Chances of Getting Custody of my Dog?
Now that you have an idea of what the court may consider during a pet custody hearing, here’s what you can do to increase your odds of getting custody of your dog post-divorce.
Have Appropriate Living Arrangements
The court considers your living arrangement when making a decision on pet custody. The living arrangement for your pet post-divorce must include the space, supplies, and proper care needed for your pet.
“A judge will want to make sure that your furry family member is getting the love and care that it deserves, and will make decisions in their best interest,” explains Kristina Ameling, an attorney focused on animal rescue and adoption law.
So if it’s possible, try to find a living arrangement that meets the needs of your pup. Whether you rent, own, or are living with a family member, make sure it will be able to accommodate the pet before standing in front of a judge.
Gather Evidence of Your Bond with Your Pet
The court may consider who your pet is emotionally attached to when making a decision. In an ideal world, you could demonstrate to the court that you are a single pet parent providing your pet with the best possible level of care. Don’t underestimate the effectiveness of something as simple as showcasing a folder filled with pictures of you and your pet.
Let the Court Know you Are Financially Capable
In the event pet custody is contested, a court will take into account who is financially capable of caring for the pet. Ameling suggests, gathering evidence of financial ability to care for the pet, such as job records, income statements, and proof of pet expenses.
Can I Make an Agreement with my Ex-Spouse Regarding Pet Custody?
The easiest way to get custody of your pet is through a voluntary agreement with your former spouse. Oftentimes, people are able to negotiate an agreement that’s beneficial for both parties and the animal. If both parties are willing, having an agreement could make the entire process simpler and quicker than waiting for a judge to make the final decision.
If an agreement is reached, it’s recommended that you and your former spouse speak to an attorney to draft a legal document. This document should include the right to visit the pet, medical treatment, and property agreements.
How Can I Prepare for a Custody Battle Over My Dog?
In the event that you and your former spouse cannot agree who will get custody of your pet, here’s what to expect.
Establish that your Pet is a “Pet”
A court will classify your pet as either personal property, similar to a car or a house. Or, the court may consider your pet as a “beneficiary” and have the court decide what’s in their best interest, similar to a child.
It is important to establish what type of relationship you have with your pet. Do your best to show that your pet is a loved companion, not just ‘property’.
In the eyes of the court, you will want to demonstrate that your pet is a beneficiary who needs special protection. This can be done through pictures, documents, testimonies, and even experts who can speak on behalf of your pet.
Be Prepared to Compromise
You may be emotionally attached to your pet, but don’t be afraid to collaborate with your former spouse. Finding a flexible solution is often the best solution in amicable pet custody cases.
Agreeing to the right visitation schedule is one way to make sure that your pet is getting the best possible home and care. Another option is to consider shared custody, which may be beneficial if both parties have the financial means and living situation to properly care for the animal.
Understand that Pet Custody Cases are Unique
In short, there’s not a one-size-fits-all approach to pet custody cases. Every case is unique and the court takes into consideration many components. The important thing to remember is to remain patient and respectful in court and to make sure that your pet’s best interests are met.
Takeaways
Navigating pet custody cases in a divorce can be tricky, but with the right preparation, you could increase your chances of getting custody of your dog. Consider living arrangements, financial capabilities, the bond between you and your pet, and any voluntary agreements that could simplify the entire process.
References:
PetMD, “Custody Battles Over Pets During Divorce,” 2020 FoxNews, “What Pet Custody Post-Divorce Looks Like,” 2019 ThriftyLawyer, “How to Get Custody of a Pet After Divorce,” 2019