It used to be that in terms of custody rights in divorce decisions, we thought only of children, but as pet ownership has exploded and pets have become beloved members of the family, the rights of Custody of pets have become a big problem. Two states have even passed laws (other states are considering it) that support a form of custody when it comes to family pets. Although pets are still considered personal property in most states, Illinois and Alaska have gone ahead and passed pet custody legislation that considers pet rights from a different perspective.
For example, the Illinois Marriage and Dissolution of Marriage Act was amended last January to differentiate “companion animals” from personal property. In a divorce decision, the jury must consider the “welfare of the pet” before deciding to award sole or joint ownership of the pet. Similar Alaska pet custody legislation must consider the “welfare” of the pet when making custody decisions. The enactments of laws such as Alaska and Illinois support a trend in how we feel about our companion animals. At least 32 states and Puerto Rico and the Dominican Republic have provisions that allow the courts to grant possession of a pet in domestic violence cases.
Decisions, decisions, decisions
Fights over who gets pets can turn as ugly as child custody disputes. Pets are members of the family for most people and are treated as such. For several years, the courts have awarded custody, visitation, and alimony payments to pet owners. Estate or fiduciary rewards for caring for a pet are not unheard of.
California courts, which still regard animals as property, do not have the ability to grant custody rights to either spouse. The court only has the right to determine the ownership of the animal and the best interest of the animal is not a mandatory consideration. Couples are expected to decide how custody, visitation, and care will work. If the couples can reach a mutual decision about what is best for the pet, an agreement can be reached. But, if not, and disagreement prevails, it may be time for a third party to intervene.
Ponder your path to successful pet sharing
A trained divorce mediator acts as a neutral third party who guides couples through the separation process with careful consideration of each divorce issue. Not only can the mediator help you make decisions on issues such as asset and debt division, alimony, child support and custody, but can also help you determine the care and custody of your precious pets. Along with the amount of time they spend with the pet, divorcing spouses may consider sharing the cost of food and vet bills. With the pet’s welfare in mind and respecting the wishes of each spouse, the mediator will help you decide on a joint or sole custody arrangement that is right for your family.