Who Gets the Family Pet After a Divorce?
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Family pets have become an increasingly important point of dispute in American divorce. The American Academy of Matrimonial Lawyers reported that pet custody has become quite the central aspect in a number of divorce cases across the country.
Pets in American Divorce A 2015 survey found that 27 percent of respondents noticed a surge in the number of couples who fought over pet custody over the course of the last five years.
About 62 percent of US families have a pet and given that majority of these people treat their pets as part of the family, custody battles have become more prevalent and some have even become aggressive. However, there is no custody law when it comes to family pets, as they are merely treated as property by state courts.
Pet Custody in Agreements As pet custody is nothing more than an estate division, pet owners are encouraged to include pet custody as part of a prenuptial agreement. For those who are married already, the postnuptial agreement works the same. As for the divorcees, the judge may decide on the various factors focusing on the welfare of the domestic animal in question.
Who owns the pet? Whosoever brought the pet into the marriage is technically the owner. The dispute arises when it was a couple’s decision to raise a pet together. Who feed and walks it, or takes them to the veterinarian, etc.? One can back this claim by presenting receipts and signed statements from the vet or pet shop. Who has the physical custody of the children? The pet often stays with the children, and so if both parents have physical custody for children, then there may be joint pet custody as well.
Whose lifestyle is best suited for raising a pet? Demonstrating that the ex-spouse travels a lot due to work and frequently gets home very late, etc. can help the other spouse in proving that the latter’s lifestyle is more appropriate for taking care of the pet.
The sentiments of owners for their pets are never secondary, even in topics such as divorce. The best way to simplify litigations on pet custody is to hire a sympathetic and experienced family lawyer and preparing a prenup for pet custody, or in case of divorce, in establishing responsible ownership. RESOURCES:
http://www.divorceattorneyinlongisland.com/ http://www.reviewjournal.com/news/las-vegas/spousestangle-over-pets-divorce-court http://www.aaml.org/about-the-academy/press/pressreleases/pets/pet-custody-disputed-rise-find-nations-topmatrimonial-l