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Pet Custody

Pet Custody Isssues and Divorce

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Pet Custody
Pet custody issues are becoming more and more common in family law cases involving divorce and child custody disputes. Pet custody disputes arise in divorce cases involving children and cases without children. Understandably, people love and are often very attached to their pets, such as their family cat or dog that may have been in the family for several years.

Pet Custody and Divorce With and Without Children
For a divorcing couple with children, the thought of not seeing their kids or being marginalized as a parent is often the most emotionally challenging part of a divorce. For a divorcing couple without children, the thought of losing their pet can be just as painful. For the family courts, not only do they have to sort out child custody issues, but possibly pet custody issues as well now. With the growing number of pet custody disputes ending up in court and litigation there is a growing movement for pet custody laws to be put in place where pets are viewed and treated similar to children of divorce rather than property.

Pet Custody Laws
While the "best interest of the children" is the standard for custody determinations in most states, it is typically not the same standard for pet custody determinations. Pet custody laws in most states have historically treated pets as property rather than children. If the court needs to consider where the pet will live after divorce it may consider factors such as which parent provided the majority of care of the pet, which parent is best suited to continue caring for the pet, any incidents of domestic violence, and if children are involved, what would be in their best interest. When children are involved in a divorce and pet custody dispute, typically the pet remains in the home with the parent where the children will be living most.

Domestic Violence and Pet Custody
Domestic violence and pet custody determinations can have a similar affect as domestic violence and child custody awards. Like child custody cases, a perpetrator of domestic violence is not likely to be awarded custody of their pet. And the parent who is awarded custody of the children will likely get custody of the family pet as well.

Pet Custody Solutions
Like child custody disputes, it is generally best if parents can work out their pet custody issues out-of-court together without involving the court and pet custody attorneys. Parents knowing that the courts typically treat pets as property and often place the pet in the custody of the home where the child lives most often should help parents come up with a pet parenting plan or pet visitation schedule. However, if you need legal advice about pet custody laws and issues you'll want to consult a family law attorney.

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Steven Carlson, The Custody Coach®
Child Custody Coach
Orange County, California
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