Dog-bite Lawyer
When separating from a partner, couples consider how to divide everything, including tangible possessions, real estate, parenting time, and even pets. Parenting plans determine how children will spend time with each parent. Pets present a special problem for many couples. While judges may see pets as an object, like a piece of furniture, pet owners view their pet as a special relationship during what can be an emotionally challenging time. Pets can help the elderly live longer. Studies show pet owners are happier and healthier. Taking time to thoughtfully negotiate what happens with your pet when you divorce is much more likely to result in a positive resolution.
It is also possible to agree upon how to divide time with pets, according to one dog bite lawyer. Some feel if both partners adopted or purchased a pet and cared for the pet, it isn’t fair for only one spouse to take the pet permanently. Instead of more heartache and disagreements, a custody arrangement of a pet can be created so that both pet “parents” receive the time they want and continue to enjoy their relationship with the pet. Unfortunately, judges are busy and may not take the time to consider your pet’s welfare the way you will. Coming to an agreement is often the best way to ensure your pet will continue to enjoy a meaningful, happy life.
Establishing The Primary Caregiver
If you want to establish that you have been the primary caregiver for a pet, Cohen & Cohen says you must have proof with evidence. Provide your lawyer with veterinary bills, food bills, and other expenses for your pet that you paid with your own money and/or credit card. A purchase made with a joint credit card does not necessarily show whether you or your spouse made the purchase. Other evidence of who cares for your pet may exist with service providers. If you take your pet to daycare, for example, the company caring for your pet may have video evidence of you dropping off and picking up your pet each day. The more evidence you have, the more likely you will be able to argue you are your pet’s primary caregiver. When you and your spouse cannot agree on who receives the pet, these factors can help establish which of you has a history of primarily caring for your pet and might influence a court in determining who will keep the pet in the divorce.
Pet Well-Being
When faced with who gets the pet, a court could consider the best interest of the pet. Even though you may have been the person providing all the supplies and taking your pet to the vet or daycare, the court could allow your ex-partner to keep your pet if they are better able to care for your pet. If one spouse is keeping the marital home that the pet has known for many years, that could be a factor. If your new home doesn’t allow pets, or your apartment does not have a yard, but your spouse’s home has a fenced yard or is across from the dog park, the judge could take these facts into consideration. Perhaps your pet is elderly and cannot use the stairs, but only one of you is moving to a one-level home. Maybe you have a cat who needs daily injections and your ex-partner travels for weeks at a time. You’ll want to carefully evaluate the special circumstances of your situation and your pet’s needs the way an uninterested third party would when your evidence is presented in court.
Professional Advice
If you are considering separating from your partner, it is never too early to obtain feedback from an educated professional experienced with the law and courts in your jurisdiction. A divorce attorney or mediator can help you objectively evaluate your situation and help negotiate your goals surrounding your belongings, your children, and yes, your pets.