What You Need to Know About Pet Custody After a Breakup
For many couples, a dog is considered a beloved part of the family, so when a breakup or divorce happens, it can signal the beginning of a battle over custody of the dog. Here’s everything you need to know about pet custody after a breakup.
The first thing to understand is that, regardless of a couple’s feelings, pets are not people or kids, in the eyes of the law they are considered property. As such, there is a method to how they are distributed in a breakup and are not necessarily subject to visitation rights or support obligations as would be the case with actual children.
Pet Custody in Court
If a couple is considering who will obtain pet custody, the first thing to consider would be if both people want the pet. Sometimes when a couple gets a pet, it is because one person wants the pet. The second person might be indifferent to pet ownership. If this is the case, custody should be straightforward.
If that is not the case, they might have to prepare for a custody battle. If someone finds themself in court fighting for their pet, there are a few things the court will look at.
Related: Who Keeps Pet Custody in a Virginia Divorce?
Who Purchased the Dog?
In many pet custody battles, the judgment comes down to who bought the dog.
Often, adoption centers will not release a pet without them having met all members of the household. Most likely an individual and their ex went together to purchase the animal. However, courts will look at who’s name is actually on the receipt.
Most courts see an animal as property. As such, the person who paid for the animal is the one who is entitled to keep them, though this is not always set in stone.
There are other considerations that may be taken into account, such as the non-purchasers provision of other necessities. If the dog is registered under the other individual’s name at the vet or they purchased other necessities for the dog, they may be able to provide a case for themself.
Who Primarily Takes Care of the Dog?
Most courts do consider a pet as property. If an individual did not purchase the pet, but is the animal’s primary caretaker, this may be considered. Any records that can be produced to prove that one person is the animal’s primary caretaker may help. If there are real records that can tie their name to the dog, such as vet, grooming, or food bills and receipts, this may solidify the relationship with the court.
Another thing to consider would be character witnesses. If one person always takes the dog for a walk, a neighbor may be willing to be witness to that. Testimony can be a powerful tool in this regard.
Related: Custody of Pets in a California Divorce: The Basics
Who is Equipped to Care for the Dog?
While most courts do see animals as property, some also consider what the animal’s life will be like after the split.
In 2017, Alaska passed a law that had courts consider the animal’s life after the custody battle. In 2018, Illinois followed suit. It is possible more states will consider the animal’s well-being when considering custody.
If an individual is the one who is most likely to have a suitable living space for the pet, this is something to bring up.
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