Many people consider their pets part of their family. So many show their dog or cat just as much love as their spouse or children. What happens when a couple decides they cannot be together anymore?
What to do when that happy family has to part ways? If you’ve ever dealt with pet custody, you probably know that it can be a very sticky situation. Here, we discuss different considerations for when you’re dealing with pet custody.
Pet Custody in Court
If you are considering who will obtain pet custody, the first thing to consider would be if both people want the pet. Sometimes when a couple gets a pet, it’s because one person wants the pet. The second person might be indifferent to pet ownership. If this is the case, custody should be straightforward.
If that’s not the case, you might have to prepare for a custody battle. Being prepared is your best bet in winning custody of your pet. If you find yourself in court fighting for your pet, there are a few things the court will look at.
Who Actually Purchased the Pet
In many pet custody battles, the straight facts come down to who bought the pet.
Often, adoption centers will not release a pet without them having met all members of the household. Most likely you and your ex went together to purchase the animal. However, courts will look at who’s name is on the receipt.
Most courts see an animal as property. As such, the person who paid for the animal is the one who is entitled to keep them. Although this is not set in stone. If your ex is the one who paid for the animal, don’t give up! We’ll touch on what you can do below.
If you did not purchase the animal, perhaps you purchased other necessities for the animal. Is the dog registered under your name at the vet? Is your name on the microchip records? Anything else you can think of will help your case.
Who Primarily Takes Care of the Pet
Most courts do consider a pet as property. If you didn’t purchase the pet, are you the animal’s primary caretaker? Any records you can produce to prove that you are the animal’s primary caretaker will help. Did you do obedience training with the animal? Do you have vet, grooming, or food bills? Hopefully there are real records that can help tie your name to the pet and solidify your relationship with them.
Another thing to consider would be character witnesses. If you are the one who always takes your dog for a walk, see if a neighbor would be willing to be witness to that. Testimony can be a powerful tool in this regard.
Who is Equipped to Care for the Pet?
While most courts do see animals as property, some are also considering what the animal’s life will be like after the split.
In 2017, Alaska passed a law that had courts consider the animals life after the custody battle. In 2018, Illinois followed suit. We can expect that many more states will be considering the animal’s wellbeing when considering custody.
This can help your case as well. If you are the one who is most likely to have a suitable living space for the pet, this is something to bring up.
Alternatives to Pet Custody
While full custody is preferred, you may not be granted this. Visitation or partial custody may be options. This will still let you see this member of your family, even if it on someone else’s time. Visitation or partial custody is seen often with children when parents split. We are now seeing the same for pets when their caretaker’s breakup.
While this is not an exhaustive list of what to consider when fighting for pet custody, it is a great place to start. If you are preparing for a pet custody battle, the best advice can be given by an attorney. You’ll want to hear from those who have seen similar cases before and can weigh in on your best course of action.