Who gets custody of the pets after a divorce?

Who gets custody of the pets after a divorce?

Are you going through a divorce and wondering who will keep the pets? This is what the law experts have to say. 

Woman holding pet
Woman holding pet/ iStock

Pets are a part of the family and often share a close relationship with their owners.

But, sadly, a divorce or separation means that the family can no longer reside under one roof. 

One of the things that will be affected by a divorce are the pets. 

Under the law, pets are considered to be personal property. 

Mahshid Hoseini, a lawyer at Connect Family Law, says before the court rules who keeps the pets, they consider the following: Who bought the pet and when was the pet acquired? 

According to divorce mag, if the pet was owned by one partner before getting married, it will go to him or her. However, this will be determined by their lifestyle, for instance, if they don’t have to often travel for work.

Hoseini says the law will also consider who the registered owner of the pet is, who has a greater bond with the pet, who took care of the pet after separation, and who was responsible for the training of the pet.

Taking all this into consideration, the court will then grant custody to the one most suited, and the other partner will get compensation. 

In other instances, the courts can grant “dual custody” over a pet.

Howcast gives an outline of how to better your chances for getting custody of your pet:

- Provide proof to your spouse, lawyer, and the court that you owned the pet before the marriage.

- If the pet was acquired during the marriage, find out if your partner wants the pet. If not, then there is no need for a battle, as you can keep the pet.

- Show that you were the one caring for the pet i.e bathing and feeding the pet.

- If you have custody of the children, you have a better chance of keeping the pet.

- If you are keeping the family home, you have a better chance of getting custody of the pet. 

READ: What you need to know about divorce

Image courtesy of iStock/ cyano66

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