Pet Custody during Divorce
"Who gets what" is a common question barked out during divorce cases. For most people, this question typically revolves around property accumulated in the marriage.
When hearing the term "property division," many people conjure images of couples fighting over a car, piece of furniture, television or another household item during a divorce. However, when it comes to man's best friend or another beloved pet, most people may not necessarily make this association with property division during divorce.
Pet custody is an intriguing and developing area of the law during divorce cases. In some instances, couples have staged bitter fights about who should get Lassie, Fido or Santa's Little Helper during their divorce case. Ex-spouses have specifically argued that they should have custody and visitation rights of a pet during life after divorce.
While you may not necessarily equate custody rights to pets, some couples have become involved in some rather heated debates about who should get the beloved family pet after divorce. As just one example, a wealthy couple in San Diego argued over their pointer-greyhound mix Gigi during their famous 2000 divorce.
Ultimately, a Los Angeles Times story detailed how the divorce judge granted the dog to the wife after she constructed a video entitled a "Day in the Life of Gigi," which showed that it would be in the best interests of the dog to be under her care. That convincing video depicted the dog playing fetch at the beach with the women and resting peacefully at the woman's home.
Since that case, more and more people have argued for pet custody. This hardly comes as a surprise nowadays as people spend a lot of money on pets, which often become huge parts of family life.
How is Pet Custody Traditionally Determined?
In most states, pets are considered a piece of property. It is thus up to the spouses to establish custody. In other words, the spouse who is able to establish custody typically gets the animal in question. If custody of the animal can not be established during the divorce case, it is usually up to the divorce judge to determine which spouse would be a better caretaker. The divorce judge would then grant the animal to the spouse who he or she feels would be best for the animal.
This traditional viewpoint on how to determine who gets a pet during a divorce has been turned on its head in recent years. Specifically, ex-spouses who did not get custody of animals during their divorce have filed lawsuits claiming that they should still have custody and visitation rights of the pet in question.
In response to such pet custody disputes, a Wisconsin legislator recently introduced what's believed to be the first such legislation in the United States. Specifically, this Wisconsin pet custody legislation would allow couples to specify visitation rights with pets. However, if divorcing spouses are unable to come to an agreement on how to spell out these visitation rights, this Wisconsin pet custody legislation would give the judge the power to choose a spouse or to even put the animal in question in a shelter and up for adoption.
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These last two options have concerned many people who are worried about issues involving the pet's welfare in a new home or the possibility of it being euthanized.
Wisconsin Representative Sheryl Albers was the lead author of this pet custody legislation and said that she based it in part on a pet custody dispute between her husband and his ex-wife during their 2003 divorce. Visit Total Divorce and The Divorce Blog for the latest updates on this proposed Wisconsin pet custody law.
Considering Divorce and Wondering What May Happen to Your Beloved Pet?
If you're thinking about divorce and worried about pet custody, get in touch with a local divorce lawyer as soon as possible. A sponsoring divorce attorney can help you understand how your state has traditionally come to decisions on pets during divorce cases and then explain how you may show that the pet is better off under your care.
Simply fill out our divorce case review form or call 1 (877) 349-1310, and we'll help you get in touch with one of our sponsoring divorce lawyers near where you live. At Total Divorce, our sponsoring divorce attorneys can answer your pet custody questions and help you get a better feel of what to expect during this evolving aspect of the divorce process, so don't delay!