In the hearts and minds of pet owners, their furry companions are very much family. However, this status as full-fledged family members often becomes a major point of contention for divorcing couples.
Pet Custody in Washington
If the separating couple wants to share custody, who gets what time and when? Divorces that are on track to be amicable often devolve when a pet is involved.
Custody decisions for children are made in one of two ways. Either the couple creates and agrees upon a parenting plan, or they litigate the parenting plan in front of a judge.
In child custody cases, the court’s primary responsibility is to act on behalf of the child’s best interest. In some cases, the child’s best interest is obvious. More complicated situations require multiple experts to evaluate both parents’ ability to provide the best environment for raising the child.
Pets, however, don’t fall into the same legal category as kids.
Family Member or Property?
While many people think of their pets as children, courts have historically viewed them as property. As a result, they generally apply the same property-division rules to determine what happens to them.
Anyone who has ever had a pet knows they’re more than simple property. Because of these deep connections, courts sometimes pay pets special attention.
When deciding who gets a dog, cat, turtle, or guinea pig, courts consider several factors. This can include things like:
- Who bought the animal?
- Did one spouse own the animal before marriage?
- Is it just a pet or is it also a working or service animal?
- Does one partner serve as the primary caregiver?
- Who pays for food, vet bills, and other expenses?
These are just a few things a judge may look at when determining who gets pet custody after a divorce. That said, much depends on the circumstances. A sympathetic judge whose dog shows up in every holiday photo may treat a pet custody situation differently than another.
Pet Custody Is An Evolving Legal Field
While the courts traditionally view pets as property, that’s changing.
Because pets have become such valued family members, laws gradually started to shift. It’s slow, as with so many legal matters, but change is on the way.
Multiple states have enacted statutes that treat animals differently than, say, a table lamp. They’re not viewed on the same level as human children, but they’re often no longer simple possessions either.
In fact, in 2021, New York passed a “pet custody bill.” This allows for divorcing couples to fight over companion animals in family court. (There is still a distinction between pets and agricultural animals.)
So, Who Gets the Non-Human Offspring?
Pet custody continues to change and evolve. But as we said, it’s gradual. In most cases, you either have to come to an agreement on your own or take your chances.
It’s in the best interest of pet owners, and the pets, if you reach an agreement amicably. Creating a “pet parenting plan” with your ex probably represents the easiest way to ensure you maintain your relationship with your furry friend. The problem is, unfortunately, these arrangements aren’t usually legally enforceable.
Some courts may take into consideration who is most closely bonded to the pet, while others may look to the source and date of payment to determine ownership. A divorce attorney will be able to explain in detail how the courts in your jurisdiction are likely to assign ownership.
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