The Love DuCote Law Firm LLC Legal Blog

Divorce: Things get complex regarding pet custody

Numerous issues must be resolved when a Texas couple decides to end their marriage. Divorce can be stressful, time-consuming and expensive. Lately, the subject of “pet custody” comes up more often in court. The only problem is that pet custody isn’t really a thing.

In most states, the court decides who gets a particular pet in divorce as part of property division proceedings. Many animal activists are calling for reform of the system, saying such decisions should be part of custody proceedings, even if it means devising a unique legal category for pet custody. They say that animals are living, breathing beings and, therefore, should not be treated as inanimate objects subject to property division in divorce proceedings.

Many people consider their pets members of their own families. One or the other spouse may have played a primary role in caring for a pet or providing its food and health care needs. Advocates of creating a pet custody category in divorce say judges should keep the best interests of animals in mind just as they do when making decisions regarding the well-being of children in divorce.

Perhaps a divorcing couple wants to share custody or possession of a pet. Any concerned spouse with questions about writing terms of agreement regarding such matters or other legal issues concerning pets in divorce can consult an experienced family law attorney. This is a logical first step to take toward accomplishing one’s goals in court.

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