Who Gets Custody of the Pets During Divorce?

Who Gets Custody of the Pets During Divorce?

During divorce, there are many things up in the air; property, child custody, new living arrangements, but one thing has become a contentious issue in divorce proceedings is pets. When looking at the role of pets during a divorce, DC and Maryland law both treat pets as property. Due to this characteristic, many courts and lawyers believe that it is best to settle the pet custody on your own or through your personal attorneys. It is normal for many to come to an agreement about their pet outside of court, since very rarely does a case pertaining to pet custody actually go up in front of a judge.

Pet custodySome factors to be considered are: will there be shared custody or some sort of visitation schedule, who will be paying bills pertaining to the pet, and who gets to make important health decisions for the pet. When answering these questions lawyers believe that it is the most important to consider what is in the best interest of your pet, rather than solely focusing on your spouse. It has been proven that the stress of separation can also be felt by your pet, so it is best to maintain a similar daily routine to what your cat or dog has currently. It is also vital to consider who can take best care of your pet by looking at things like who has a better schedule to take care of the dog and take them on walks. Looking at who your pet is better bonded with is worth considering. Oftentimes, one spouse had full ownership of the pet before marriage, the animal is kept with them after divorce.

Lawyers often encourage clients to keep their pets with their children. During a  divorce in D.C., the pet can be of comfort for your children during these trying times. Some also believe that it is best for the pet to stay with whoever gets the home.

Avoiding Future Difficulties

There are many ways to avoid pet custody issues in the future. Lawyers recommend starting a paper trail, by putting everything in relation to your pet in your name from the bills to the pet’s registration papers. You can avoid any questions of who will get the pet in the future since according to the law you are the owner of the animal. It is also recommended to include a pet in a prenuptial agreement if possible to avoid any arguments in the future.

Divorce proceedings are often very emotionally charged as many consider pets to be part of the family, which makes proceedings even more difficult. It is understandable as we view our pets as our children. The best way to settle a dispute over pet custody is by having a candid conversation with your divorce attorney.

Contact Our Attorneys Today

If you have questions about your options during this time, reach out to Bruckheim & Patel to speak with attorney Sweta Patel or Kelsey Penna regarding a consultation about your DC or Maryland divorce or custody issues at 202-930-3464.

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