Navigating Divorce: Key Considerations for Pet Custody

It has been agreed that in cases of a divorce, issues such as who gets to keep a family pet is as sensitive and contentious as who is awarded custody of the children.

In most countries pets are regarded as legal more specifically as a form of property, however, their owners treat them as family members.

In a pet custody case, several issues have to be addressed in a proper way to meet both parts’ interests as well as the pet’s needs.

Read this to help you when it comes to deciding on pet custody upon your divorce.

1. Understand the Legal Status of Pets

In most of the jurisdictions of the legal systems, pets are considered as the personal belongings.

PETs, therefore are properties like furniture or vehicles and can be divided under the property laws.

Although, much as this was the case in the past, there is a slow shift in the courts towards acknowledging the pet owner relationship as one involving affection.

One should seek the services of an attorney who is knowledgeable in the changing laws that pertain to pet custody.

They can assist you on how to argue your case in such a manner that is in the best interest of the pet.

2. Consider the Best Interest of the Pet

As is the case of most states across the country currently uses the property law system to address pet issues, most judges and mediators exercising discretion in determining what is best for the pet.

Other aspects that may be taken into consideration are who was mainly responsible for the pet, who is in a better position to provide a conducive environment for the pet and who is in a better position to provide for the pet financially.

For example, one partner may have been with the pet more often, taking the pet to the vet and administering its care in the course of the day.

3. Create a Pet Parenting Plan

Some of the issues that can be spelt down in the parenting plan are similar to those of children; thus, a pet parenting plan can address aspects of pet custody.

This is the plan that can state where during which expenses will be split and how routine decision making about the pet’s care will be made.

The current dispute, and others like it, could be avoided if there was a cleared up understanding of who will do what and when the pet will be cared for.

Both parties will have to agree to come up with a schedule that will enable both of them to keep par with the pet.

4. Assess Your Living Situation

Where you live after a divorce will greatly determine whether or not you will be able to keep a pet.

For instance if you have recently changed residence and now live in a one bedroomed flat in town with no yard space then this environment may not allow for a large dog that spends most of his time running around in the backyard.

Pet care, the pet’s requirements, and how your new living space will suit him or her should also be discussed.

If one of the spouses is staying in a place that caters to pets this might be some of the major aspects considered when making judgments on custody.

5. Consider Emotional Attachment and Bonding

This is the social relationship between the pet and each of the spouses is another consideration.

In some circumstances, the court or a mediator may try to determine who has the better claim to the pet and where indeed the pet loves one party more.

It is important to prove that one has an emotional bond with the child through production of photos, videos or the evidence from friends or even relatives.

6. Financial Responsibilities and Capability

Pets are costly investments because of the money spent on feeding, in paying for their health and grooming, and so on.

Often the bread-winning capability to take care of the pet may be considered significantly in the determination of custody.

Another factor that may be used to arrive at the final decision is if one spouse is in a better financial position in a position to support the pet’s needs.

The prospective owner should also be ready to show how he or she is capable of feeding and taking care of the pet together with any additional healthcare expenses that the pet may require.

7. Mediation and Alternative Dispute Resolution

The best way to avoid getting in conflict with your partner on this topic is going for mediation or other kinds of ADR in order to come up with a mutually acceptable way to share the pets.

These methods are convenient for both of the partners and help them, to avoid overt aggression and protect the rights of a pet when they cannot come to an agreement.

Apart from being less drastic, mediation is likely to be faster, cheaper and less straining to the parties involved as compared to trying to go through the legal processes.

8. Prepare for the Emotional Impact

Divorce causes stress to the couples and there is stress also in causations of pet ownership.

Dogs may come in handy in times of stress and hence people fight for the custody of the pets.

Be ready for the stress that can come from this process and find a counselor that can guide you through all the emotional issues that may appear during divorce and pet custody case.

9. Document Evidence of Ownership and Care

Gather and provide proofs that you are the owner of the pet and that you take care of it.

This may involve receipts of veterinary fees for the animals, bills of adoption or purchase of the animals, pictures, and other legal papers that proofs that you are the one mainly responsible for the care of the animals.

Other forms of proof that might be helpful to prove that your pet is in good hands include, proof that shows how the pet’s quality of life has improved under your care.

And the more backup information you gather about yourself and the child, the more chances you will have at getting the right for custody.

10. Negotiate and Be Willing to Compromise

Last but not least, one should be ready to haggle and look for the compromise scenarios.

Maybe the idea of having physical care and possession at a given interval and duration and giving the pet to each of the individuals might come in handy.

On the other hand, it is not certain that one party will get the custody of the pet, while the other will get some form of damages or other property.

Accept compromises that are unconventional with an aim of protecting the pet besides minimizing confrontation.

Conclusion

Picking up or determining who gets to take the pet is something that most couples battle when going through a divorce.

Therefore, when faced with such a process by identifying the legal framework, focusing on the pet’s wellbeing, and being ready to bargain, the process can be accomplished more efficiently.

Important thing to recall is to have the main focus on agreement that would be satisfactory for both; the pet needs to receive the care and affection it would otherwise lose.