Who Gets the Family Pet in Divorce?
With the rise in pet ownership and high incidence of divorce, pet custody has become more common. As an update to the information below, the court in a divorce action is now required to consider the best interest of a companion animal in awarding possession of that animal to one spouse or the other. This can be the subject of a hearing, if necessary.
With the rise in pet ownership and high incidence of divorce pet custody has become more common
The Court looks at several factors when determining pet custody
Daily Needs
Who takes care of the pets basic daily needs food shelter walks grooming social etc
Vet Visits
Who takes the pet to the veterinarian Who pays vet bills
Support
Who has the greatest ability both physically and financially to support the pet
Children
If there are children in the marriage will the pet be taken away from them
As with other personal property if a spouse owned a pet before marriage the pet is the spouses separate property and will most likely remain with that spouse Absent agreement between spouses a pet acquired during the marriage will be distributed as the Court sees fit The Court may establish a visitation schedule
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