subject: Who Gets The Family Pet In Divorce [print this page] We are all used to their being problems in sorting out who gets what after a divorce. Usually the dispute is over some inanimate object, and it is often resolved quickly. However, when the object that is being argued over is a family pet, emotions often run so high that resolving the argument proves impossible without help.
All solicitors have experience at resolving issues over material possessions or over access to children, but most do not have experience in resolving disputes involving pets. In the US, federal courts are hearing cases involving custody of the family pet after a divorce. In those cases, the welfare of the animal is the main consideration. The judge normally grants custody to the person who can provide the best environment for the pet. In Europe this type of dispute rarely ends up in court, but when they do the judge usually decides using a similar criteria.
If you can decide between yourselves who gets the family pet you should do so. Before doing so you should both ask yourselves if your new living conditions and economic situation will allow you to provide a good home for the pet. If you have a dog you cannot leave it alone all day, but if you now have to work full-time then you cannot be there for your pet as you need to be. Likewise, pets cost money to keep, if you no longer have a high enough income then you should let your partner care for the pet.
If children are involved in a divorce it is important to try to allow the family pets to continue to live with them. The bond between children and pets is usually stronger than that with the adults of the family. Your child is suffering enough from losing a parent, losing a pet makes this situation much worse for them.
If you cannot agree between yourselves where the pet will live after the divorce rather than go straight to court try to settle the problem using a mediator. Your solicitor can recommend someone with prior experience with issues related to pets. If you still have to go to court, make sure you use a good solicitor to prepare your case.
