For many couples, the family pet is like a kid. Deciding who should keep the family pet after divorce can be a source of contention. Both spouses will often feel that the animal is theirs. There is so much loss that surrounds divorce. This can be heart breaking.
Deciding Who Keeps a Pet in Divorce
As with other issues in divorce, the best strategy is to try to find some way to agree between the spouses. Sometimes it is hard to talk about what you want and even know what you want at this painful time. If you can find a way to step back from the emotions surrounding your situation, it may be possible to come to a reasonable solution. Otherwise, the decision may be left up to a judge. A judge will not be as equipped as you and your spouse to determine what is best or fair, but will take into account all of the evidence presented and the desires of each side and make an effort to award pet custody to the spouse who make most sense given the facts.
If you can remain friendly or civil after divorce, perhaps you can get visitation or sit for your pet when your ex is out of town if you do not keep the pet full time.
As with children, the court will decide who gets to keep a pet based on the best interest of the pet standard. You will be required to present a case as to why it is in the best interest of the pet to stay with you. One way to bolster your case to keep your pet after divorce is to offer visitation to your spouse. This shows that you are caring and willing to allow the other party to continue to be a part of the animal's life.
If children are involved, that presents a strong argument for the animal to continue to live with the custodial parent.
Getting Legal Help
Hiring an attorney to help you with your divorce and custody issues can make it easier to move on with your lives. An attorney can help you with complicated divorce paperwork, decide issues such as animal custody and property division and deal with other issues that come up as a result of divorce. Having an attorney deal with the legalities and paperwork will make your life easier.
