After a couple divorces, who gets custody of their pets?
Pets have become an integral part of families. Couples rear them up as their child and even prefer them to human babies. But once the couple divorces, who gets to keep the pet?
Pets and couples
People keep pets at home. These may be animals such as cats and dogs or even birds. These pets become an important part of the family. They are just like a family member in many households.
A Pew Center survey done in 2023 showed that 97% of pet owners in the USA consider them as members of their family. And 51% of them give them the same importance as a human family member. Rebecca Wisch who is the associate editor of the Animal Legal and Historical Center at Michigan State University College of Law says:
“Pets certainly are not the same as the family toaster,”
Couples adopt animals when they come together and to mark special occasions. They are extremely close to them and consider them as their babies. Children grow up and can change but pets never grow up and never change. They are always at our mercy.
But, in the unfortunate event that a couple divorces, who shall own the pet after divorce? Who of the pair gets to keep the pet after the couple’s divorce?
Legal tangles of a pet when couple divorces
Whenever couples divorce, they fight over assets and kids. Either of them want custody of their children. But what about pets? Who gets their custody?
In legal terms, pets are included in the category of assets in the USA. They hold a special status under the criminal law. But most couples consider them as family members. And the American legal system is catching up to these views.
In Alaska, the lawmakers passed the pet custody law in 2017. Due to this, couples now can claim joint custody of their pets. This is similar to the joint custody practice as regards kids of the couple. Subsequently, seven other American states namely California, Delaware, Illinois, Maine, New Hampshire, New York and Rhode Island, and the District of Columbia passed laws on pet custody on similar lines.
However, animal activists and experts argue that such a joint custody is not in the interest of the pets. According to Rebecca:
“The laws are starting to reflect more of what a family is,”
“A family can be multi-species.”
But, she cautions:
“You know, it’s never for the good of the animal themselves.”
How emotions of pets play a role in custody?
The new laws help the judge to decide things from the animal’s point of view as well. Earlier, a judge used to decide based on which partner can provide and ensure food, shelter and veterinary care for the pet. But now, they also consider about the emotions of the pet and its bond with the owners.
In June this year, The Rhode Island bill was made into a law. In this, there is an instruction for the judges to check with whom the pet had spent most of their time. And the pet’s basic needs also include toys.
Also, read Former couples fight bitterly over pets during divorce!
At times, judges go creative in trying to find out whom the pet loves the most. But this might be misleading and most couples usually end up with having joint custody of their pets.
Karis Nafte is a dog behavior consultant. She feels that it is best for the dogs to be with one of the parent. This is because shifting homes can be stressful for them. She states:
“We want to imagine that our dogs cannot live without us, but that’s just not the case,”
“Dogs can be just fine if they say goodbye to one of their owners.”
One can plan out things in prenuptial agreement before marriage.
