Pet Custody Battles Become More Common in Courts

When a relationship ends, others beyond the couple are often affected by the split. Child custody battles can be heated, but these days courts are seeing more of a different kind of custody battle — a battle for pet custody.

How does a court handle a pet custody case? How should you prepare if you want to argue for pet custody rights?

Are There Laws Regarding Pet Custody?

Despite the fact that pet custody disputes have become an increasingly common fixture in pending divorce cases, nearly all states view pets as property — that is to say, there is no special status under the law that requires courts to view pets differently from other possessions being divided in the divorce.

However, many people are pushing for a change in laws regarding pet custody. While it may seem crazy to go to court over custody of Fido, many people consider pets to be children or valued members of the family.

As many jurisdictions don’t have applicable laws regarding pet custody, don’t expect a judge to hear your case. But in light of this evolving legal attitude toward our furry friends, more and more courts are willing to hear pet custody cases.

How Is Pet Custody Decided?

If a court is willing to hear your pet custody case, the judge will probably examine each individual’s relationship with the pet and award primary custody to the person who spent the most time taking care of the pet.

Some factors the court may consider could include:

• Who was responsible for feeding the pet each day?
• Who was responsible for washing, brushing or grooming the pet?
• If the pet needed to be walked, who walked the pet?
• Who took the pet to the veterinarian?
• Who paid the vet bills?
• Who purchased supplies (food, toys, kennels, litter and other products) for the pet?
• Who spent the most time playing with the pet?

Post-divorce home and work situations could be considered in pet custody cases. If a person has a domicile more suited to the pet or has a schedule that better accommodates the pet, this could be the deciding factor in who gets primary pet custody.

Children could also play a part in a pet custody case. Any parent who gets primary custody of children in a divorce case is likely to get custody of any pets if the children have a bond with the animals.

Do You Need a Pet Prenup?

Are you planning on adopting a four-legged friend with your spouse — or maybe your significant other, roommate or sibling?

Not all pet custody cases are a product of divorce. Anyone who shares care of an animal with another person may find that they want to fight for pet custody once a relationship or living arrangement changes.

It may be advantageous to draw up something similar to a prenuptial agreement regarding your pet as soon as you adopt it. Decide who will take the pet or how time with the pet will be split up.

While more lawyers are fighting for their clients’ right to their pets and more courts are looking at pet custody cases, keep in mind you can save yourself the time and money of a legal battle if you can come to an amicable agreement about the custody of your pet. And remember that pet custody cases aren’t just about you — they’re also about doing what’s right for your pet.