“The big difference is that the big custody dispute, if you have a child, the child has appointed a lawyer for the child. This lawyer is defending the child on the basis of the lawyer`s investigation, so a third lawyer is involved who speaks on behalf of the child who cannot necessarily speak for himself,” Rossi said. If your spouse bought the pet before you got married, you will have a hard time getting custody of the pet because it is not considered marital property, but it is separate property from your spouse. Separated property belongs to the spouse who acquired it before the marriage. Nevertheless, you can get the animal under certain circumstances. For example, if you take care of the pet most of the time, you might get the pet even if your spouse pays the most vet bills. If you get custody of the children, a judge will want to keep the animal with him in the best interest of a pet. In other states, custody could be shared, with children going to one parent and the animal to the other. The court will consider which party provided the animal with respect to items such as food, care, veterinary appointments, and exercises such as walking with the animal, if any. So, when you request custody of your pet, it is extremely important that you inform your lawyer or lawyer of all the ways you have taken care of your pet. This is reminiscent of the kind of evidence examined in custody cases. Courts generally have a preference over the primary custodian. This is a basic overview of what to expect if you are involved in a custody conflict with animals, as well as useful tips.

It is not a substitute for a lawyer. For example, the courts in Texas and Alaska have both had cases where judges have created visiting plans between former spouses involving their pets. One extreme case was a San Diego couple fighting for custody of their dog “Gigi,” with the woman spending more than $100,000 on legal funds to prevail in her custody argument. According to the law, a pet is a personal good. It is treated in the same way as any other material good in the house (when it comes to property; obviously, anti-cruelty laws are available for pets, but not for sun loungers). This means that if a couple divorces, a pet whose custody is contested is part of the divorce order issued by the court. Most states don`t consider your pet a family member, even if you do. Pets are generally considered personal property by law, as are your bells, whistles, and devices. The good news is that the law is changing, but not at a rapid pace. In 2019, two states – Alaska and Illinois – consider pets more than just personal possessions.

This means that judges in these states view pet custody almost in the same way as child custody and focus on the best interests of the animal in deciding where to live. Even if a person is the party who bought the animal or is responsible for feeding, who is most often with the animal? The dishes will take into account who plays with the animal, who is at home more often, who spends more time making sure that the animal feels comfortable and happy. A party that comes home from work and plays and cuddles the family dog when the other party is still outside or at work is often perceived more favorably. If you are the party who is less likely to be at home, it is important to tell your lawyer or lawyer how to spend more time with the pet when you are at home, or how you are the primary caretaker in another way. At another level, the court will consider which party other than the animal would be most harmed or benefit most from having the animal under their care and care. One way to keep custody of the animal out of court is to have a fair custody agreement that provides for either joint custody of the animal or sole custody with a visit schedule for the other partner. However, joint custody is usually not the best thing for your pet. Pets, like children, are often traumatized by divorce or when partners separate. A pet care arrangement where the pet comes and goes between homes – whether the house is around the corner or across the country – is not in the best interest of the pet. In such a case, joint custody will not work well for anyone, especially for the pet. “Judges in these states are now called upon to consider animal welfare and answer the question: what is in the best interests of the animal?” Gislason notes, adding, “It is always better for the parties to avoid a terrible and costly fight in court and to do the custody – and joint custody – with what is best for the animal.” Many people think that pets are more than just possessions and treat them like family members. In the event of a dispute, para.

B example if two people divorce or separate, the question of the custody of pets often arises, who is allowed to keep the animals. Unfortunately, animal shelters are also caught in the middle of custody conflicts. In some cases, spouses send animals to the shelter. So how do you convince a judge which spouse will take the animal into custody? In addition, some courts have begun to grant pet owners joint custody, visits and, in extreme cases, alimony payments. So far, most of these lawsuits have involved dog guarding. Some judges have begun to set precedents in the field of pet care that are different from purely real estate analysis. Most cases where this has happened have involved dogs. If a couple divorces and custody of the children is involved, the court must consider what would be in the best interests of the child in determining custody.

Again, the best interest law changes from state to state, but often includes factors such as who the child prefers to live with and their relationship with their parents, the health of both parents and the child, and how the child can adapt to the change. Courts have made it very clear over the years that cases involving pet ownership disputes cannot be treated in the same way as child custody disputes — which apply a “best interest” standard — but they have decided that some kind of hybrid approach — the “best for everyone involved” standard — is appropriate because a pet is somewhere. between personal property and a real child. .