Who gets custody of pets in a divorce?

Family courts have adopted what is in the best interests of the children when making custody decisions. Now animal rights activists are urging the courts to do the same regarding custody of pets. In a recent New Jersey case of Houseman v. Dare, a family judge awarded $1,500 in compensation to Doreen Houseman when Eric Dare failed to turn over Dexter, the pedigreed pooch after an extended visit. The trial court ruled that Dexter was property and assigned a value to him. This meant that Dare got to keep the pup while Houseman was monetarily compensated. Houseman appealed the decision and the New Jersey appellate court overturned the decision of the lower court. The appellate court ruled that family pets are not pieces of property to be divided. They should be seen more as family heirlooms or treasures whose special value should be factored in when the court renders its’ decision. The final decision in the case came from Judge Tomasello when he ruled that couple must share possession of the pug in alternating five-week periods.

What Will the Judge Find Relevant?

Pet custody has caused many divorce negotiations to break down when the couple fights over their fluffy feline or the pedigreed pooch. There are a variety of factors that the judge will take into consideration:

• Who cared for the pet by feeding, grooming, walking and taking him or her to the vet when necessary?
• Does the couple have children that are emotionally attached to the pet?
• Which party will be able to best care for the animals?
• Did either party own the cat or dog before the marriage?

Divorce is often traumatic for children and it can make the adjustment worse if they are separated from their beloved pet.

Creative Solutions For Pet Custody

Some family law attorneys have suggested that couples work out a pet-parenting plan. Courts that are inclined to treat pets as property may end up giving away your precious Yorkie to your ex-spouse. It’s better not to take that chance by working out an agreement that is fair to everyone. If you are still having difficulty coming up with a solution, contact an attorney that specializes in divorce law for advice on how to work out a solution regarding the custody of pets.