Pet Custody
Calling a dog “man's best friend” can be a huge understatement. Pets of any sort play a major role in the life of their owners and the owners' children. Additionally, some pet owners consider their pets to be as important as children, taking them to have pictures made with Santa, throwing them birthday parties, etc.
Pets during Divorce
Most states list pets as property, not on the same level as children. Therefore, the concepts of separate and communal property apply to pets. Along these lines, if a pet belonged to a specific individual before marriage, this person will likely have custody of the animal after divorce. If the pet was acquired after the marriage, the court can take into account several different things in assigning pet custody.
Pets and Children
If there are children involved, the court will often give pets to the parent who will have primary custody of the children. The reasoning for this is a desire to keep life as normal as possible for children during divorce. Also, if the bond between a child and a pet can be proved to be very strong, the judge might award pet custody in line with child custody.
Determining Who Gets the Pet
In some instances, divorcing couples have negotiated a visitation schedule for keeping the pet in shared custody. Otherwise, you can help prove your right to the pet by demonstrating that you have been the main caretaker of the animal throughout the marriage. This can include buying pet supplies, walking the dog, cleaning the litter box for the cat, etc. In addition to who gets the pet at certain times, you also should decide who pays for the pet if you are going to negotiate a shared time schedule.
Contact Us
If you or anyone you know has any more questions regarding pet custody or divorce, please feel free to call the Frisco divorce lawyers of Alexander & Associates at 972-420-6570 today.
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