The topic of who gets to keep the furry companion after the divorce is nothing new and often the cause of heated arguments between two ex-spouses. Many states have changed how they view this issue and develop new laws to deal with it. Previously, courts used to consider pets as “property” to be distributed equally. But recently, they have acknowledged that not all “property” should be distributed equally among the two.
The pet dog should go to the person most deserving of it. However, deciding who is more deserving than the other is not easy because there might be situations where both spouses love their beloved pet equally. Moreover, love is intangible and cannot be calculated to determine statistical results. Speak to Madison divorce lawyers today to explore your legal options.
How do judges decide which spouse gets the family dog?
Judges who are assigned divorce cases look for options that support the family’s best interests to make a suitable decision. While some states do not have specific laws about who gets to keep the pet after the divorce, New York has specific criteria to determine the same.
The court considers a series of things before making a decision, including:
● Who paid for or brought the pet home
● Who took care of the pet most of the time
● Who pays the costs regarding the pet’s care (food, grooming, medical)
● Which spouse has enough space and money to support a pet dog
● Which spouse’s schedule will allow them to spend time with the dog more
● Whether either spouse has a history of animal abuse
● If the couple has a child who is attached to the pet. In that case, the custody will go to the person who has won custody of the child.
Can you get joint custody of a pet?
In Madison, New York, you cannot legally get joint custody of a pet. This can be intimidating because once the judge makes the decision about who gets custody, you won’t be able to change it. You can try appealing the decision but will most likely fail.
States are increasingly introducing new laws and seeing pets of divorce differently. However, the existing laws still require the judge to appoint full ownership of the dog to one spouse with visitation rights for the other.
If the judge has given your dog’s custody to your spouse, you may be wondering whether there is a way to change the situation legally. The best option is to consider talking privately with your spouse, even consider mediation, to create a suitable arrangement.
