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Divorce can be one of the hardest things for anyone to go through. It can also be devastating to learn that you might lose both your spouse and your dog in a divorce proceeding. Custody is a basic legal principle, but dogs are primarily considered property, which can make the chances of keeping a pet dog in a divorce much trickier than most people realize. Here is what the law says about dog custody and what you should know regarding your precious pup in case of divorce.
How Does the Law See Dog Custody?
As it stands, the law considers pets to be the property of their owners. This might not sit well in the minds of people who see their dogs as beloved family members, but that is how the law sees it. That means in many cases, the law does not differentiate between your dog and your car or your flatscreen television. Like with many aspects of the law, possession factors in heavily. Since dogs do not have titles like cars, determining the precise owner can be tricky, but it often comes down to who most often has the dog and who spends the most money and time caring for them.
In the case of a divorce proceeding, the court will go through the same process of awarding a dog as they would an expensive vase or family heirloom. This can be disconcerting for people who are desperately trying to win their pet in a divorce case, but it is important to know how the law views your dog so you can plan accordingly.
Who Gets the Dog in Case of Divorce?
Who gets custody of a dog during a divorce can be a tricky question to answer, especially if both parties are attempting to get the pet. The judge will go through the same process that they do with all other property. They will weigh the value of the item and whether the property is split evenly in the relationship or if someone has a larger stake in it than the other. After going through this process, the judge will make a ruling about which party will receive the dog.
In divorce cases, the well-being of the animal is rarely considered. Instead, the fairness of the split between the two human parties is of the highest priority. That said, there are ways that you can boost your chances of winning your dog in a divorce battle, and it has nothing to do with emotional attachment or sentimental value.
How to Boost Your Chances of Winning Custody of Your Dog
If you are facing a looming legal battle with a spouse or family member regarding the status of a dog, the best thing to do is to document everything that you can. The judge is going to ask questions about who pays for the dog, who has them most of the time, and who takes care of them on a regular basis. The judge is not going to want to hear about who feeds the dog at home, but rather, who takes them to the vet. Whose name is on the vet records? Whose name is on the microchip? Who pays for the dog’s food?
If you are the primary caretaker of your dog in the relationship, start gathering receipts to use as evidence to support that claim. If you spend more money on them and you are the primary point of contact at your local vet office, the judge will take that into consideration. Again, it is not dissimilar to how the judge looks at who makes car payments, house payments, or insurance payments in awarding other big-ticket items. Documentation is key to making your point and swaying the opinion of a judge or jury.
Changing Legal Perceptions
For those of you who can stomach the idea of your dog as a simple piece of property or can’t stand the thought of your dog going to your ex-spouse just because they paid most of the bills, there is good news. A few preliminary cases have started treating dogs more like children in divorce proceedings. That means the well-being of the dog is being more highly considered than in the past.
Analysts at Michigan State University’s Legal & Historical Animal Center have offered this take on the changing legal landscape, stating: “Courts have considered the best interest of the pets in determining who gets custody of them. They have also awarded shared custody, visitation, and alimony payments to the owners.”
This is still not the norm, but it shows that there is movement toward treating dogs differently than mere property when it comes to divorce. This could also be a sign that the law might change someday to treat dogs as emotional members of the family rather than pure property.
Make a Custody Agreement Privately or in Arbitration
One of the best ways to avoid losing your dog in a legal divorce proceeding is to hammer out the details regarding their custody before you go to court. A judge will honor a private custody agreement regarding a dog as long as it is done properly. Sometimes, making these plans and agreements privately or in separate arbitration is preferable to putting your dog’s fate into the hands of a judge (who might not own or like dogs!).
If your spouse is willing to make a deal about the dog in private, it can smooth over many issues that could arise in court and give you a clearer picture of what to expect regarding your pet after the divorce.
You Might Need to Fight for Your Dog
The bottom line is that you might need to fight for your dog in the case of a divorce. The law primarily sees dogs as property, and thus they will be treated as such by a judge when it comes to splitting up your marital assets. Just because you think that your pet loves you the most or that you are the best fit for them in a post-marriage reality, that does not mean the judge or the law will see it that way, especially if your spouse is indicating that they also want to keep the dog.
Document everything that you can. Tell your divorce lawyer or arbitrator that your dog is very important to you, so they can make plans to fight accordingly. Just know that it might not be easy to secure custody of your pet in a divorce.
Summary
In most states, a dog will go through the divorce process like any other “shared asset,” meaning they will be evaluated by a judge. Many times, this evaluation can feel cold and unfair, especially if you are particularly attached to your pet. Unfortunately, that is how it has to be by the letter of the law.
If you are facing divorce and are worried about retaining your dog in the proceedings, you should document as much as you can to prove that you are their primary owner, which can help sway the court in your favor. In almost every case, this process is going to be difficult and at times, feel unsavory. Still, it is important to know how the law views you and your dog in a divorce so you can prepare ahead of time to make the best possible case for yourself.
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Featured Image Credit: TetiBond, Shutterstock
