During a divorce, many things are up in the air: property, child custody, and new living arrangements. One thing that has become a contentious issue in divorce proceedings is pets. Pet custody is a complicated issue because it involves intense emotional connection. Unfortunately, during divorce, you need to negotiate with your former partner about who will have custody of pets.
How are Pets Treated During a Divorce?
When looking at the role of pets during a divorce, DC and Maryland law both treat pets as property. Sometimes, the custody of a pet is clear-cut. If one party owned the pet before getting married, the pet is considered separate property. The spouse who originally owned the pet will get custody.
On the other hand, if the pet was bought or adopted during the marriage, it will be considered a shared asset during the divorce process. If the spouses cannot reach an agreement, the judge will award the custody of a pet.
Many courts and lawyers believe that it is best to settle the pet custody on your own or through your 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 go up in front of a judge.
How Will the Judge Determine Who Gets the Custody?
Custody of pets can often be a cause of conflict during the divorce process. However, since there aren’t any legal frameworks geared toward pet custody, letting the judge decide may not be an ideal solution.
Judges usually decide based on who the legal owner of the pet is or who has been caring for the animal more. In a pet custody dispute, certain things will be taken into consideration, such as:
- Who paid for or adopted the pet, and if there’s evidence of this
- Who pays for day-to-day pet care, such as food and vet bills
- If either spouse has a history of animal abuse
- Who spends more time with the pet
If you want to win, you need to prove that you spent more money on the pet and care for it more. Make sure to gather any evidence you have that shows you invested the most time and money into your pet.
How Can You Determine Who Should Get the Custody of the Pets?
Some 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 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 your pet can also feel the stress of separation, 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 best care for your pet, looking at things like who has a better schedule for walking the dog.
It is worth considering who your pet is better bonded with. Often, one spouse had full ownership of the pet before marriage, and 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 to your children during these trying times. Some also believe that the pet should stay with whoever gets the home.
Can the Court Grant Pet Visitation?
Keep in mind that pet visitation is very rare, and the judges usually don’t grant visitation rights.
Usually, the judges just enforce the arrangements made between two parties. The ideal solution for spouses is to arrange between themselves and determine what would be in the pet’s best interests without including the court.
Can You Legally Get Your Pet Back?
If the court granted custody to your ex-spouse, you may wonder how you can get the custody back. Unfortunately, since the law is not uniform, and there aren’t any legal frameworks for these situations, you may have to consider negotiating with your ex-spouse.
If you haven’t separated on good terms, it may be a wise idea to use a mediator to help you find a fair resolution instead of taking the case to civil court.
Can You Sue Your Ex-Spouse for Pet Ownership?
It is possible to sue your ex-spouse in civil or small claims court. However, you should first determine if it is worth your money and time and if you have a chance of winning the case.
For most pet owners, money is not an issue as they would gladly pay any expenses that the process involves. You would need to gather evidence and witnesses and present the case in front of a judge. Hiring an attorney to help you is the best idea in these situations.
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 Bruckheim & Patel Today
If you have questions about your options during this time, contact Bruckheim & Patel to speak with an attorney regarding a consultation about your DC divorce or custody issues at 202-930-3464.
