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According to the Humane Society of the United States, in 2012, over 60 percent of households in America enjoyed the companionship of a pet. If you're going through a messy divorce, one point you might not have initially considered is who would win custody of the family dog. If both you and your spouse are equally adamant about keeping your dog, your devotion and desire to win might get in the way of what is best for your pet. Here are a few important points and pieces of information to keep in mind before you begin fighting over your pet in divorce court:
Is My Dog Considered Property?
Even though you might consider your pet another child and a valuable member of the family, in most states, your dog is considered property. In some cases, depending on the judge the ownership of your pet won't even be a consideration.
Because pets are considered property, many couples are now even including pet ownership in their pre-nuptuial agreements.
If there are other more pressing matters to attend to, such as custody of your children or disputes over large amounts of money, you might encounter a judge won't hear any arguments about pet ownership. If this is the case, it is up to you to work with your spouse and your attorney to come up with an agreement both parties can live with.
This might include having shared custody of your dog. For example, if you have shared custody of your children, you might consider allowing the pet to go where they go.
What The Courts Might Consider Before Determining Ownership
If you are fortunate enough to go before a judge who is willing to consider the ownership of your dog during the divorce proceedings, chances are the court will take these factors in consideration before making any final decisions:
Did the pet belong to one of the spouses before marriage? If so, then in most cases, the pet will remain with that spouse. However, if the pet was purchased or adopted by both spouses, the judge will consider other factors.
The day-to-day care of your dog will be another consideration. For example, if you've always purchased the dog food or taken your dog to their veterinarian appointments, get ready to make your case. Bring along receipts showing you made purchases for the dog, or consider asking your veterinarian to testify that you are the primary caregiver.
The judge might also consider your ability to care for the dog – both emotionally and financially. If you will be available to care for the dog on a daily basis after the divorce, but won't have the financial means to provide adequate care, the judge might consider granting ownership to your spouse.
If you have more than one dog, the judge might consider splitting them up. Take each dog's dependence on the other, and your financial ability to care for multiple pets, into consideration before fighting for ownership.
When it comes to the ownership of your pet, these are only a few of the many points the courts will consider. In addition to telling the judge how much you adore your dog, be prepared to share hard evidence you are the primary caretaker. Keep a journal of who cares for the dog each day, such as jotting down when they are fed, walked and bathed.
This might seem silly, but this will help establish you will provide the best home for your beloved dog.
Between squabbling over money in a shared bank account to determining who will retain ownership of your home, chances are you will fight many battles while going through a divorce. If you truly care for your dog, it's important to keep place their interests and needs before your desire to win. Visit sites like http://madisonlf.com to find more legal help.
Share28 July 2015
