Q: My spouse and I have decided to divorce and are fighting over the dog. How does this get resolved in court?
A: No doubt about it, I love my dog. If a future spouse tried to take my dog from me them would be fightin’ words. I would win hands down because in the state where I live (and in most states) pets are considered to be property (like a lamp or a couch) and therefore they are owned by the purchaser or the recipient of the gift as it may be. Pets that are brought into a marriage are retained by the person who owned the pet originally. If the pet was bought during the marriage then there may be a bit more of a challenge figuring out where Fido gets to live if negotiations for his relocation breakdown.
A few points to consider:
• If there are children involved and they have bonded with the dog, the custodial parent has a better chance of getting custody of the pet because it may be easier for you to win sympathy with the court.
• If you were the primary caregiver of the pet – the walker – the feeder – the petter- the vet taker – the one to sing songs to him in the morning (oh I digress – that’s me), you have the greater advantage.
• Some couples actually arrange for visitation with the pet if the attachment is very strong. I’m not sure how I would feel about my new significant other visiting Fido or Fluffy or Tweety at the home of his ex – PetFinder.com can solve that problem. Needless to say I have seen stranger things happen than pet visitation.
• If you have two or more of the same species it would be best for the pets involved for them not to be separated. Animals can suffer from depression and then you’ll end up spending lots of money on not just your divorce but on Doggy Prozac too.
• If the pet is a stud or a show dog, cat, pig – whatever, the courts will also look upon the pet as being a valuable asset or business and will be regarded as such during the proceedings.
• If things are getting out of control during the proceedings and you have the money to burn keep in mind that there are Veterinarians who specialize in animal psychology and can be hired to testify as an expert witness in order to persuade a judge to make a decision in your favor. You can also consider consulting an animal law attorney in your state. The Animal Legal Defense Fund website (ALDF.org) offers plenty of good information to help. Good Luck!