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Pet Ownership After a Divorce

By Don Rainwater, published Jan 04, 2008
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When a couple gets divorced there are usually conflicts when it concerns the children. The ideas of visitation, custody, and support have made some divorces very messy. Everyone loves their child and when two people see in a different direction, the child is usually the one left in the middle. In today's society, a couples pets are sometimes as important to them as their children. People pamper their pets and treat them like one of the family. So what is the procedure and the law when it comes to pets in a divorce case?

When you go to your divorce trial you need to remember that the judge sees your pet as property and not a child. If you had the animal before the marriage or you can prove that you are the primary caregiver, then more than likely the pet will be rewarded to you. If you entered the marriage and the pet was already there, you might be out of luck. If you get custody of the children, again you chances of getting your furry children will be greater. To insure that the issue is brought up, let your divorce lawyer know how much you love your pets.

Visitation has been awarded by some courts, but is not always the norm. The degree of severity in the divorce proceedings often influences the judge's decision on the matter. Pet visitation has led to more arguing and in the long term a restraining order. With pets being seen as property, most judges would terminate visitation rights if more trouble started. If visitation is not a choice then you have to make the terrible decision of separating your pets. Most pets are in a semi-pack and they will feel the loss of one of their friends.

If you feel that you may have a chance at losing your pet, make sure the judge sees you interact with the pet during the trial. The more you pet, groom, or interact with the animal, the more a judge may award you possession. If your dog has monetary value such as a show dog or a dog that has been trained to do a certain task, then the judge will probably not be swayed by emotion and treat the pet like any other property that is in dispute. If you do lose your pet it is not a good idea to rush out to get a new puppy or kitten. Give some time to your grief and then make a responsible choice.

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Great article! So many people feel that their pets are like their children and custody battles can get nasty. It's a shame to see pets split up because of a divorce.

Posted on 01/04/2008 at 6:01:07 PM

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