How To

How to Get Custody of Your Pet in a Divorce

Contributor
By eHow Contributing Writer
(13 Ratings)

Animals are often treated like children in a family. Here's how to get custody of this "child" when you face divorce.

From Quick Guide: Survive a Divorce
Difficulty: Moderately Easy
Instructions
  1. Step 1

    Understand that no matter how much your pet may seem like a family member, to a court it is just another possession to be divided at divorce.

  2. Step 2

    Know that if the animal was yours before the marriage or if you have been the primary caretaker of the animal during the marriage, you are more likely to be awarded possession.

  3. Step 3

    Tell your lawyer how important your pet is to you and make sure he or she treats this as a priority.

  4. Step 4

    Realize that if you have children, it makes the most sense for the pet to live where the children will live, since they have probably formed an attachment.

  5. Step 5

    Try to talk to your spouse about the pet and see if you can work something out. You might be able to make visitation arrangements.

  6. Step 6

    Avoid separating pets if you have two or more of the same species. This could cause depression or anxiety for the animals.

  7. Step 7

    Recognize that if you have a valuable pet, such as a show dog or show cat, the animal will be carefully considered by the court as a valuable asset - and possibly as a business if, for example, you show the animal and/or collect stud fees.

  8. Step 8

    Show the court that you are the person best able to care for the animal - you have time to play with it, exercise it and groom it. Show that you have space in your home for the animal. If necessary, have your vet testify about your ability to care for the animal.

Comments  

sharishops said

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on 1/22/2009 So many sad things to deal with during divorce. Best wishes to anyone who has to deal with this. Be strong and hopefully you'll be able to move on quickly!

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on 11/29/2008 Check out the Divorce Saloon for more ideas about getting and keeping custody of your pet.

By Marion TD Lewis
Divorce Saloon
New York

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