Getting What Is Rightfully Yours

Fighting Over Fido: How To Increase Your Odds Of Getting The Family Pet In A Divorce

28 October 2015

Estelle Mathieu

Cats and dogs aren't children, but many people consider them members of the family nonetheless. So when two people decide to get a divorce, determining who gets the family pet can be as difficult and contentious as fighting for custody of the kids. While the law considers pets to be property—and typically awarded to one party based on property laws—many courts are changing things up and recognizing the relationships people have with their pets and awarding custody accordingly. Here are a few tips for increasing your chances of getting your feline or canine friend.

Use the Separate Property Clause

As noted previously, courts typically treat animals like property. Therefore, you can significantly increase your odds of keeping the family pet if you can prove the animal is your separate property. In family law, separate property is any asset that belongs solely to one spouse. Typically, it is property the person owned prior to entering the marriage. Gifts and inheritances are also considered separate property, however, as is property the individual purchased and enhanced using his or her own money.

So if you owned the pet prior to entering the marriage, then the court may be more likely to award you custody of the animal since, technically, the animal could be considered separate property. You could also use the separate property claim if someone gave you the animal as a gift (including your ex-spouse) or you purchased the animal and is/was its primary caregiver.

Be aware, though, that the use of marital or co-mingled funds to buy food or pay for vet care for the pet could work against you. Using co-mingled funds (e.g. money from a joint checking account) to enhance or care for a piece of property can be grounds for turning said property into a marital asset.

Prove You Can Provide a Better Home

As in the case of children, many judges want to ensure the pet will go to the person who can adequately provide for its needs. As such, the judge will take a number of factors into account when determining where the animal should be placed. Those factors include:

• Where the pet will live
• Whether the individual has enough money to pay for food, medical care, and other necessities for the animal
• Whether the pet and the individual have a good relationship
• Whether there are children involved
• The animal's relationship to other pets in the home

Therefore, you may be able to get the judge to decide in your favor if you can show the family pet will have a better life with you or present a compelling reason why the animal should stay in your possession. For instance, courts tend to favor keeping kids and animal companions together. Therefore, if you have custody of the kids, you could argue that it would be in the best interest of the children if the family pet stayed with you.

Expose the Other Person's Motives

Divorce can make people do some crazy things, and sometimes a soon-to-be ex-spouse only tries to get the family pet as a way of getting revenge on the other person or making the individual suffer. If you can show your ex's motives for trying to win custody of the animal are less than virtuous, then the judge may be more inclined to award you possession of your animal companion.

For instance, if you have audio of your ex stating he or she doesn't really care about the animal and is only interested in ensuring you don't get the pet, you could present that evidence in court to show it may not be in the animal's best interests to be with your ex.

There are other things you can do to increase your odds of being awarded custody of the pet in a divorce. Discuss these other options with a divorce lawyer in your area, like Andrew H P Norton or others.

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