Pet Custody Archives - Anderson Divorce Attorney

Pet custody during a divorce can be a sticky topic. Your pets become like members of your family, and if you are considering divorce, the idea of your pet living apart from you can be devastating. Many couples wonder if they can legally share custody of their pets. The truth is that although pets feel like family members in our hearts, legally, they are property. Therefore, a judge will consider many factors when deciding which spouse should keep that “asset.” They will do their best to ensure that their decision means that things are fair and equitable. However, although an attorney cannot represent you in a pet custody case, you and your ex could certainly decide on your separation and custody agreement outside of the court.

Pet Custody During a Divorce: Can You Share Custody of Your Fur Baby?

Pets are Property

When looking at pet custody during a divorce, pets are considered legally to be property. Although they become important members of the family, they are not “children.” Instead, a judge will assign them a monetary value. Then they are considered during the divorce as an asset to be divided or reimbursed for equitably.

Deciding What’s Fair

One of the things that a court will look at when deciding on pet custody during a divorce is whether or not the pet is a marital asset. If one spouse or the other had the pet before the relationship began, the court might take that into account. However, the court will look at other factors if the pet was acquired together during the marriage.

Dividing Things Equitably

When figuring out pet custody during a divorce, the pet is legally an asset for the couple. This means, that when the court decides how to split up other assets, they’ll include the pet. The pet will get a monetary value and one spouse will keep the pet. Then, the court will grant the other spouse something of equal value.

Custody Agreement

While the court will not address pet custody during a divorce, you and your ex-spouse can certainly come up with your agreement outside of the court. You can create a separation agreement or even a custody agreement. Some couples choose to have visitation with a pet, while others allow the pet to live with one spouse for some amount of time and then switch. Pet custody during a divorce is a common concern for couples. Although your pet is a piece of property with monetary value in the eyes of the law, that’s not usually how we view our furry friends. Instead, they become like little family members to us. When a couple splits up, it can be a big stress to figure out how to handle pet custody. If the couple cannot agree, the court will decide for them. They’ll do this by assigning a monetary value to the pet. Then, they’ll look at several factors to decide who keeps the pet and who gets something of equal value in the divorce settlement. However, although the court won’t create a separation agreement and custody order for your pet, you and your ex can do that on your own. Hopefully, you can come to an agreement that works for you both.

Pet custody is a tricky situation that often comes up during divorce proceedings. Pets are loving members of the family for lots of couples. Determining what should happen to them in a divorce can get very complicated. A lot depends on how the pet is owned. There are different types of ownership – marital property and separate property. If one spouse already owned the dog, then it’s somewhat easier to determine. However, if the couple bought the dog jointly, things can get more complicated. Sometimes split custody is the arrangement that everybody agrees on. And finally, if you have children who are close to the dog, it can affect the outcome as well. Divorce is complicated, but hopefully, you will figure out a way to handle the family pet fairly.

Pet Custody: Who Gets the Dog in a Divorce?

Types of Property Ownership

Pet custody often comes down to when and how the family got the pet. In many states, there are two types of property ownership: marital and separate property. Marital property is anything that you both bought together as a couple. It can also include things you bought during your marriage. Separate property includes things that you bring into the marriage. It can also include gifts or things that you inherited during the course of your marriage.

An Animal Owned Before Marriage

If you or your spouse already owned the pet before you got married, pet custody is a little more cut and dry. In this situation, the pet usually goes to its original owner. However, often couples purchase a pet together. In these situations, it can be much more complicated. A judge would look at several factors to determine who gets the pet.

Pets and Children

One of the factors that a judge might look at to determine pet custody is the custody of the children. If children are particularly close to a pet, it can be especially important. Oftentimes, a judge will want what is best for the children. In a time when things are a bit stressful and up in the air, a family pet can keep kids calmer. The pet might go to the parent who spends the most time with the children.

Joint Custody

Another outcome that is less common in pet custody situations is joint custody. This is where a pet would split its time between two spouses. This doesn’t often happen in North Carolina because most judges consider pets as property. However, if a couple jointly decides that this is what they want, they can include it in their separation agreement. They can also decide on visitation. Pet custody can be a complicated and emotional aspect of divorce. Unfortunately, along with the rest of the stress of divorce, people often forget that they’ll have to figure out what happens with their favorite pets. A lot depends on whether the pet is marital or separate property. If one spouse comes into the marriage with the pet, then they usually will get it in a divorce. In contrast, if the spouses buy the pet together it can get much more complicated. If they can agree to joint custody and visitation this can be part of their separation agreement. Otherwise, a judge will decide. Often judges will take the pet’s relationship with the family children into account as well. Hopefully, you’ll be able to come to an agreement that works for everybody and can keep your relationship with your loving pet.