Onee might assume that the future of Fido or Fifi might be put on the backburner. What we are seeing, however, is a trend toward contested pet custody cases.
In today's post, we provide four tips to winning the family pet when custody, or ownership, of the animal is disputed. Be mindful that community assets must be divided in an Arizona divorce and that pets are a kind of living personal property subject to division. But if the dog, cat, horse, bird, rabbit, or hamster is the separate property of one spouse, then that pet is not a divisible asset in the divorce.
Tip #1. Show the Court how you were the primary caretaker of the family pet during the marriage.
Were you the spouse who trained the dog, exercised the horse, fed the rabbit, took the bird to the veterinarian, and handled the cat's medication? All of those factors support your being the best choice for ownership of the animal because you have exercised greater custody and control of the pet during the marriage.
Tip #2. Show the Court that you are capable of continuing to care for the animal after the divorce is final.
Not every animal is easy to care for. Some require significant time, grooming, attention, activity and money to maintain. Make sure the Court understands that you are able to continue caring for the family pet by specifying what the animal's needs are and how you will provide for those needs. This is good planning and establishes that you have deliberated over all of the issues relating to animal ownership.
When the family pet happens to be a large animal like a horse, you will need to provide sufficient acreage or have the financial resources to board the animal. When ownership of more than one animal is at issue, dogs and cats frequently fair better when they remain together. Separating many pets often results in animal anxiety and behavioral problems, so keeping them united is often best. (Unless, of course, the dog and cat never got along in first place!)
Tip # 3. Show the Court that, because you'll have primary physical child custody, keeping the family pet is important to your child's well-being.
When you are awarded primary physical custody of your child, keeping the family dog or cat may be essential to your child's successful transition into a substantially changed living arrangement following divorce. The child of divorce frequently feels a loss in the absence of the non-custodial parent. Removing the pet from your household can cause your child to suffer an even greater sense of loss. If your son or daughter has a strong attachment to the pet, then the animal's presence in the home will improve your child's happiness and sense of security. Both are very good reasons why you should be awarded the family pet.
Tip #4. Don't make assumptions! Clearly convey to your divorce attorney how important it is that you be awarded the family pet.
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