Divorce: So Who Gets The Dog?

Divorce is a very tricky matter, not just for the people involved

, but also for the family dog. There are cases every day in which these matters are decided and there are several ways of proceeding.

Assuming that the dog has not been included among the assets to be divided by the divorcing couple, the first way of looking at things is based on the simple facts of the law: who gave what to whom? If someone gave a dog to the husband, but he gave the dog to the wife, whose dog is it? In a case like this, the law would determine that the dog belongs to the wife because the husband gave it to her as a gift.

A court could also decide to look at a case from the point of view of what was in the best interests of the dog. If Mrs. X actually owned the dog but the dog was clearly devoted to Mr. X, the court could decide to award the dog to Mr. X based on the bond between the dog and Mr. X.

An evolving body of law, however, has been deciding who gets the dog based on a different standard. They have been asking, "Who cares for the dog?" In other words, who is the person who feeds the dog, bathes the dog, and takes the dog to the vet? This may be how the court determines what is in the true best interest of the dog. They can award the dog to the person who has shown that they are capable of providing care for the dog.

So, deciding who gets the dog is not a black and white matter in courts. It will depend on which standard a court decides to use. It may depend on who wants the dog more. It may depend on negotiations and bargaining behind the scenes.

What does all of this mean for the dog? Undoubtedly the dog may be somewhat to confused to have his routine upset and to lose one of the regular people in his life. However, if there have been ongoing fights and tensions in the home then the dog may be better off living with just one person in a more harmonious situation.

Who knows? Perhaps a judge could award joint custody and the divorced spouse would be able to occasionally visit the dog. In the film The Awful Truth Irene Dunne and Cary Grant go to court to decide who gets Mr. Smith, their Wire Fox Terrier. Of course, Irene Dunne cheats and uses a toy to get Mr. Smith to come to her, but Cary Grant is allowed to visit the dog. There's a happy ending.

Not all divorces have happy endings but at least courts are trying to place dogs in the best situations.

by: Tristan Andrews

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