Who Gets the Dog . . . the Cat . . . the Horse?
Non pet owners might look at the headline above and shake their heads wondering what’s the fuss about the family pet, or in some cases, horse? But for those of us who have pets in the family the question is a real one, and something that does come up with surprising frequency in divorces around the country.
It’s such a compelling issue that a recent book, “We Can’t Stay Together for the Dogs: Doing What’s Best For Your Dog when Your Relationship Breaks,” by Jennifer Keene, is devoted to the subject.
Let’s start with the premise that pets are family members. Emotionally that is obviously the case, but, in the eyes of the law, pets are property, no different than a couch or a brokerage account. Since neither spouse in a divorce usually shares that view, it is best to work out pet custody without a judge’s input, whenever possible. Like any emotional issue, there are elements to consider, according to the book. Things such as:
· Put the pet’s needs first. If you have children, wouldn’t the pet be better off staying with the spouse who has primary custody?
· Be fair to the pet. What is in its best interest? Issues such as age, temperament, and the general health of the animal should be used to evaluate these criteria.
· Can you work out some sort of visitation so that both parties have individual time with the pet?
Divorce is hard enough, and if you are involved in an adversarial process, your pet may turn out to be an innocent pawn in the negotiations. This is one area where I advocate working it out between the two parties without lawyers or the Court. There are enough contentious points with which you are going to need the help of a good attorney. This shouldn’t be one of them.
