Deciding Who Gets Custody of Pets in a Divorce

When you think of custody in a divorce, it’s likely that children come to mind immediately, but what about pets? Nowadays, most people consider cats and dogs to be family members, rather than just another asset to divide up. We all love and care about our animals and don’t want to be without them, so how do we deal with custody? Since there is no actual law about pet custody in a divorce, this can be tricky, and the issue of pet custody can often cause almost as much drama and distress as custody of children.

Tips from Our Legal Experts

If you’re going through a divorce and you’re worried about losing custody of your furry loved one, here are a few realistic questions you should ask in order to make a wise decision:

Who is living in the family house?

If one of you is going to stay in the house your pet is used to, that might be a sign that they should have prominent custody. Pets, especially dogs, need space to run around and play. If one of you is moving to a small apartment, it is smarter and healthier for the dog to stay in a house with a backyard and space to be active.

Who spends the most time with the pets?

Consider who it is that takes the pet to the vet, who buys food and supplies, who takes the dog on a walk and who just generally spends the most time playing and caring for the pet. If one party is more involved with the animal than the other, it’s in the pet’s best interest for that person to receive full custody. It’s also normal for the ex-spouse who is awarded custody of children to receive custody of pets as well, since keeping family pets around establishes some normalcy for the children.

Whose lifestyle is more conducive to caring for a pet?

People who travel often for work or deal with a demanding job and long commute don’t have as much time to take care of their pets. If your lifestyle doesn’t have room for a pet, don’t risk neglecting your cat or dog and accept that your ex-spouse is a better caretaker for the animal.

What is your motivation for wanting the pet?

Think about it: Do you really want the pet or are you just trying to get custody out of resentment? While a cat or a dog is not the same as a child, they are still living things that deserve your affection and full commitment, so if you don’t really want the pet to live with you it is best that you don’t fight for custody.

Is a joint-custody situation possible?

In some cases, when both parties are equally dedicated, people can agree to joint custody over pets. This means that if you are the person with full custody and you go on a vacation or you’re unable to take care of the pet due to illness, you can rely on your ex-spouse as a pet-sitter. The situation ensures that your pet will always be taken care of by someone who loves them and never left alone for a long period of time.