More than 70 million U.S. households own pets and they spend a lot of money on their care.More than half of marriages end in divorce, and many divorcing couples have to decide who gets the pet.There is some disagreement as to how pets should be considered, but there are steps that you can take to evaluate what custody arrangement would be best for your pet and for making a strong argument for custody in a divorce hearing.You will need to transfer pet ownership when you determine who gets the pets.
Step 1: The property was assessed as such.
The law states that pets should be assigned to one party or the other.More and more courts are looking at the issue of pet custody.While some courts refuse to enforce visitation agreements between divorcing pet owners, other courts have asked divorcing couples to submit custody plans that are in the best interest of the animal.While pets are viewed as property, you may be able to negotiate a legally binding agreement as to custody.
Step 2: Determine purchaser.
Since pets are considered property, if you can show that you purchased the animal prior to the marriage or used non-marital funds to buy the pet, you may have a better chance of keeping it in the divorce.If you are awarded the pet, you may have to reimburse your spouse for the cost of care if you didn't provide primary care or pay for it.
Step 3: The pet should be kept in the custody of the owner.
The spouse who maintains custody of the pet during the divorce proceedings may have an advantage over the other spouse.The court may consider the fact that the pet is in the custody of the animal to be evidence of its actual caretakers.
Step 4: Premarital and postnuptial agreements should be evaluated.
A postnuptial agreement can speak to the ownership of a pet.If you brought the pet into the relationship, listed it as your property in a prenuptial agreement, and your fiancée signed it, you will most likely maintain custody of the animal.If you and your spouse sign a postnuptial agreement after you acquired the pet, you should review it to see if you agree that it was one person's personal property.If there is enough language in the postnuptial agreement, you can argue that the pet falls into a class of property that was agreed to be your personal property.
Step 5: Children and pet custody.
It may be in the best interest of the children and the pet to keep them together if you have children as well as a pet.The pet stays in the family home.It is in the best interest of both pets to stay together if you have more than one pet.You could share pet custody on the same schedule if child custody is shared.Dogs are more suited to this arrangement.
Step 6: Evaluate the schedules of spouses.
If both parties are really concerned about the well being of the pet, they should look at both spouses schedules and see if one is better for the animal.Does one person travel a lot for work if they have a pet?Who has a schedule that is predictable?Who has a shorter workday?Is there a place where pets are allowed?Is there more outdoor space for the pet for one person?Is it possible that one person is able to take care of the pet because of their work schedule?
Step 7: Think about the health of your pet.
Pets can experience stress and illness from the changes in surroundings and care just as people do.If you notice a change in the pet's behavior, such as loss of appetite, self-biting or accidents, it is a good idea to take it to the vet.How to maintain the pet's health can be asked of the vet.If the pet lives with the spouse who was the primary care giver, it may be best.
Step 8: It's a good idea to share custody.
A custody agreement can be set up if you and your spouse agree that you can maintain a stable environment for the pet.For the sake of the pet, it may be best not to exchange it on a weekly basis.A spouse who has more time on the weekends may be better suited for custody if one person works from home.It's a good idea to know who will be responsible for emergency or veterinary care.Cats are well suited for familiar environments and may not be a good fit for shared custody.
Step 9: Try mediation.
If you don't want the judge in a divorce proceeding to decide on pet custody, you should consider hiring a mediation.A divorce mediation can help parties negotiate the terms of pet custody.Two people who equally love their pet can be helped by the mediation to figure out what custody arrangement is best for the animal.If both parties agree not to take custody of the pet, a mediation may suggest that they should be given enough money to buy the same breed and type of pet.
Step 10: Evaluate your spouse's motives.
If your spouse is arguing for pet custody during the divorce but never cared for the pet, you and your attorney should look at his motives.The pet may be used by your spouse to get a better division of the property.The pet may be used to exert control over you.If you were the victim of domestic abuse, the abuser may want to use the pet as a symbol of power or even as an unstated threat against the animal.It is important for you and your attorney to carefully craft a legal argument and present evidence that shows the pet is being used for manipulation and that your spouse is not the best person to care for the animal.
Step 11: Provide information about the care of pets.
The pet will be seen as the property of you and your spouse if it was purchased during the marriage.If you can show that you were the primary caretakers for the pet, this could give you an advantage in the divorce case.Evidence of pet care may include letters from your pet's vet about the care that you provide and the person who primarily brings the animal in for wellness visits.There are letters from people at the dog park who can attest to the care and treatment of the animal.Your schedule allows you to spend more time with the pet.
Step 12: You should demonstrate custody.
If you have maintained custody of the pet during the separation and divorce proceeding, you should present this as evidence to the judge.The court may consider your current custody of the pet to be proof that you are the primary caretakers.
Step 13: The financial ability to support the pet should be shown.
If you can easily provide the pet with medical treatment, food, a dog walker or any other services, you should make this argument to the court.The court won't require a spouse to pay pet support if the pet is considered property.Receipts for veterinary care, pet food, and grooming supplies should be included in your evidence for the court.If you are hurt or sick, you should have a plan for your pet's care.Unless the pet is the only disagreement in the divorce, the court will most likely have all of your financial information.Documentation about the cost of care and maintenance of your pet.