Who Gets to Keep the Dog in a Divorce

Pet custody is an interesting though sometimes heartbreaking, subject. As with rules, guidelines, and laws surrounding divorce in general, each state has its own statutes regarding pet custody in divorce. When it comes to determining who retains custody of a pet, there are two different possibilities. 

1. Some states treat pets as they do minor children. A decision is made by either the couple in a successful mediation or by a judge if the case goes to court. There will be a visitation schedule set up outlining what days and for how long the party who does not have custody of the pet will be allowed time with their pet. Parties are expected to abide by the pet visitation schedule just as they would a child visitation schedule.

2.  Many states, including Florida, consider pets as part of the marital assets, which will be either equally or equitably distributed in the final divorce decree. (Equal distribution states are New Mexico, California, Texas, Arizona, Washington, Wisconsin, Nevada, Idaho, Louisiana, and Alaska, where a couple has a choice) Equitable distributions do not mean equal, so deciding the fate of a pet can be tricky. If there is one pet to determine a home for the case can become very emotional. Should the couple be willing to finalize their marriage during mediation and both sign the resulting marital agreement, they can decide for themselves which party retains the pet (s). And, if they choose, they can work out a visitation schedule on their own.

However, if the case goes to court, the judge will decide and rule on how marital assets are distributed, and that will include who gets the dog and or other pets. The couple will not have the final say, nor will there be any visitation schedule worked out or ordered. Most judges will realize the sensitivity and devotion people have for their pets, so will take time to ask each of the couple questions concerning their fondness for the pet. The judge will also look at who paid for the pet, if it was purchased, how much it cost, who cared for the pet, and if one or the other party spent significantly more money on care and feeding. This is where it is helpful if the couple has kept good financial records and can produce receipts. Unfortunately, a judge must choose one or the other party, and often, the party not chosen is heartbroken.

If you are considering divorce and know that each of you wants the pet, it is essential that you find a family law attorney who understands the importance of pets and is willing to fight to help you keep the pet. It is also important to find a family law attorney well established in the art of handling mediation, as that is where you have the best chance of deciding the outcome you want. Even in states where a pet has custody rights similar to minor children, you will want your legal representation to help you gain primary custody. And, if you do gain primary custody, you will want your legal representation to be sensitive in helping you set a visitation plan. When you are shopping for who will take your divorce case, don’t be afraid to ask questions regarding how the attorney feels about proactive and aggressive representation regarding the custody of any pets in question. 

If you are looking for best divorce lawyer? Choose Grant J. Gisondo P.A. is board certified and best divorce lawyers in palm beach

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