Mar 20, 2017

A Co-Parenting Approach to Pet Custody: Making the Human(e) Choices

Children and Divorce, Future Post-Divorce

The Importance of the Pet’s Well-Being during Divorce

Not only did you get married, never planning to divorce, but you never thought you’d be discussing custody of or co-parenting your pet dog, cat, bird, etc. But your pet is a family member. And one you get along with so much better than your soon-to-be ex. The courts certainly deal with child custody, property and financial issues on a regular basis in divorce. Now,the high rate of pet ownership means that they are often part of the discussion.

Your Pet: a Family Member or Property?

How do the courts view this pet-human bond? In the past, most courts simply considered pets as part of the physical assets to be divided. Most did not consider the plight of pets on par with child custody and support issues. But that’s changing. According to the Animal Legal Defense Fund (ALDF)

“Although animals are considered property in the eyes of the law at this time, some courts are beginning to recognize that one’s relationship with this particular form of property known as the family cat, dog, bird etc., is much different from one’s relationship with other forms of property such as your couch, your watch or your coffee pot.”

Using Pets as Emotional Leverage During Divorce Negotiations

Divorce attorneys and courts now recognize that the pets can be a point of dispute on par with children and property. They may be used as an emotional bargaining chip to maneuver an advantage in financial negotiations.

What are some of the arguments to use in case there is a dispute?

Whose pet is it? Did one person initiate getting the pet? Before, after, during marriage

Who handles the daily and veterinarian care?

Is the pet normally with the children? If so, where will the children live?

Whose lifestyle is better suited to take on daily care?

What’s in the best interest of the Pet?

Pet Bond Recognized by Alaska Law

Recently, Alaska is the first state to require courts to take into “into consideration the well-being of the animal” and empowers judges to assign joint custody of pets. In fact, the Alaska law permits pets to be included in domestic violence protective orders as well.