Before, in terms of custody rights in divorce decisions, we only thought of children, but as pet ownership has skyrocketed and pets have become beloved members of the family, custody rights of pets have become a big problem. Two states have even gone so far as to enact legislation (other states are considering) supporting a form of custody when it comes to family pets. Although pets are still considered personal property in most states, Illinois and Alaska have moved forward and passed pet custody laws that look at pet rights from a different perspective.
For example, the Illinois Marriage and Dissolution of Marriage Law was amended last January to differentiate “companion animals” from personal property. In a divorce decision, the jury must consider the “welfare of the pet” before deciding to award sole or joint ownership of the pet. Similar Alaska pet custody legislation allows courts to consider the “welfare” of the pet when making custody decisions. Legislative enactments like those in Alaska and Illinois support a trend in how we feel about our companion animals. At least 32 states and Puerto Rico and the Dominican Republic have provisions that enable courts to grant possession of a pet in cases of domestic violence.
Decisions, Decisions, Decisions
Fights over who gets the pets can be just as ugly as child custody disputes. Pets are family members to most people and are treated as such. For several years, courts have awarded custody, visitation, and alimony payments to pet owners. Inheritance or trust awards for pet care are not unusual.
California courts, which still treat animals as property, do not have the power to grant custody rights to either spouse. The court only has the right to determine ownership of the animal and the best interest of the animal is not a required consideration. Couples are expected to decide how custody, visitation, and caregiving will work. If the couples can come to a mutual decision about what is best for the pet, an agreement can be reached. But, if not, and disagreement prevails, it may be time for a third party intervention.
Mediate your path to pet trading success
A qualified divorce mediator acts as a neutral third party who guides couples through the separation process with careful consideration of each divorce issue. The mediator can not only help you make decisions on matters such as the division of property and debt, alimony, child support, and custody, but can also help you determine the care and custody of your prized pets. Along with the amount of time spent with the pet, divorcing spouses may want to consider sharing the cost of food and vet bills. With consideration for the welfare of the pet and respect for the wishes of each spouse, the mediator will help you decide on a joint or sole custody arrangement that is right for your family.