Who gets custody of pets in a divorce?

Many people in Wisconsin and all across the nation consider their pets to be members of their families. Some couples, especially those without children of their own, may view their pets like children. Therefore, when they go to get a divorce, questions might arise over who gets custody of the pets.

Although individuals may view their pets as family members, the courts do not. For property division purposes, pets are viewed as marital assets. Therefore, judges will follow the same guidelines when deciding who gets to keep the pets as they do with who gets other marital assets like furniture, vehicles and other possessions.

More divorce lawyers have reported an increase in the number of pet custody cases being filed in court. Consequently, more judges are beginning to take a more open-minded approach to deciding who gets to retain custody of the pets after a divorce. One factor that a judge might consider when determining who gets to keep pets is who will be able to offer the pet the most love, time and attention and what will be in the long-term best interest of the pet.

Just like child support cases, individuals can present evidence and testimony to prove to the court why it is best for the pet to remain in their custody. Issues that they might address are whether they have the financial means to support the pet, whether their ex has ever been neglectful of or abusive towards the pet, whether their work schedule is flexible enough to accommodate the pet’s emotional and physical needs and whether they retain custody of children who are emotionally attached to the pet. In some pet custody cases, visitation, shared custody and pet support payments are established by the courts.

Source: The Huffington Post, “Who Gets the Family Dog After Divorce?“, Nancy Kay, November 10, 2013