Remember when you first brought your new puppy home? The early months were spent potty training, leash training, obedience training, and retraining yourselves to make your home safe and pet friendly. I’m sure you never imagined a time when you and your spouse or partner would be dividing assets and going your separate ways.
When a relationship is ending, it’s difficult enough to decide what belongs to whom, and if there are children involved, determining child custody can be a deeply emotional process. But what happens when a family pet is involved in your divorce? And what if you and your partner have pets instead of children?
In most states, including California, pets are actually considered property, which means they are included in the assets you are divvying up. But Sassy is not a sofa, and Waldo isn’t a washing machine. Your pets, furry friends, and barking babies are living, breathing, animate creatures. And chances are good that you’ll want to keep them with you … as will your spouse.
Since pet custody does not officially exist, you and your partner will need to work together to make arrangements that accommodate both you and your fur babies. It may be simple enough to decide who goes home with whom if you have a clear understanding of when the pet was acquired. For example, if Sassy was your dog before you got married, then she would probably stay with you … but there have been cases where the actual dog “owner” did not retain custody. If your pet spends the majority of the time with you, even though it originally belonged to your spouse, or even if it was a “gift,” the court may recommend that you keep the pet due to bonding and attachment issues.
If you also have children, custody needs to be carefully considered. Most courts will recommend that the pets remain in the home with the children because of the emotional connection they have with one another. But I’m sure you’re attached to them, too. So … what can you do … and whom will you turn to for advice and counsel?
You have lots of options when establishing pet custody. If you have multiple pets (cats, dogs, birds, reptiles, etc.) that are buddies, you’ll want to keep them together or arrange for them to play together frequently to maintain that connection. Try to keep your negotiations friendly. This can be difficult because animals are often considered family members.
If things get heated, you’ll need to track down your original purchase, adoption, or inheritance paperwork. This can help you establish custody if your negotiations become contentious. Even receipts for pet care services, such as mobile dog grooming, veterinary bills, and pet boarding facilities that show your name can help.
The most important thing to keep in mind is the health and well-being of your pets. Where they spend their days and whom they spend them with should closely parallel the life they’ve always known. After all, divorce hurts them, too, and your respectful approach to their eventual placement is key.
If you need assistance with your divorce, including help with pet custody, contact us at {Family Law Center}(916) 488-5088 to schedule a consultation.
