You Can't Split a Dog: What to Know About Pet Custody in Divorce

Alright, folks, let’s get real for a second. Divorce is like riding an emotional roller coaster with no seatbelt. You’re up, you’re down, and sometimes you’re upside down, wondering how you even got on this ride in the first place. Now, throw a beloved pet into the mix, and you’ve got yourself a full-blown circus. Because, let’s face it, you can’t split a dog (or a cat, or a hamster – you get the idea). In my own home we have a running joke that the house is a jungle. Between my three super sized dogs, two cats (3 if you include my son’s crazy cat), we’re basically running our own little animal kingdom. So let’s talk about what happens when the kingdom is getting divided up in a divorce. 

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The Emotional Toll of Pet Custody

Imagine this: you and your soon-to-be ex can agree on who gets the house and who gets the car, but when it comes to Mr. Bobinski or Cosmo, all bets are off. Why? Because pets aren’t just pets. They’re our fur babies, our confidants, and sometimes the only ones who seem to understand us. It’s no wonder things get heated. So, here’s a little advice – it’s perfectly okay to feel like you’re losing a piece of your heart. It’s normal, and believe me, you’re not alone.

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Legal Considerations: Pets as Property

Here’s the kicker: in the eyes of the law, your pet is considered property. Yes, I know, it sounds like Mr. Bobinski or Cosmo are being compared to a lamp, but stick with me. Some courts are starting to see the light (pun intended) and treat pet custody more like child custody. This means they’re looking at what’s best for your furry friend. Fido might just get his day in court too!

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Factors the Court May Consider

When it comes to deciding who gets to keep the pet, the court may look at:

• Primary Caregiver: Who primarily took care of the pet? Who fed, walked, and took them to the vet? The court cares.
• Living Situation: Is one of you moving into a penthouse while the other has a backyard? The pet’s comfort matters.
• Ability to Care: Who can financially and practically take care of the pet? Vet bills aren’t cheap!
• Bonding: Sometimes, it’s about who the pet seems to have a stronger bond with. And yes, pets do have favorites.

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Practical Arrangements and Agreements

Before you turn your divorce into a pet custody battle royale, consider these practical options:

• Shared Custody: Just like the kids, you can share custody of your pet. Weekends with one, weekdays with the other.
• Visitation Rights: If sharing isn’t an option, maybe the non-custodial “pet parent” can have visitation rights.
• Written Agreement: Draft a pet parenting plan. It sounds silly, but it can save a lot of headaches (and heartaches).

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I’m a Dog Owner and Cat Owner Too!

Now, let me share a little story from my own life. I have recently been going through a divorce. Our animals became part of the discussion of who got what. I have three extra large dogs, my Daniff- Cosmo, my Tibetan Mastiff - Zora, and Stormy, my Great Dane. When I left the marital home, I took Cosmo, my service animal, and the two cats. I left the dogs that were attached to my 18 year old and my 21 year olds’ cat at the house. I truly couldn’t have survived the last 6 months without Cosmo by my side. I have my two Maine Coon cats, Mr. Bobinski and Ms. Cleo, who have been amazing companions. For our family, we were able to come to a resolution. While I miss half of my pets, I am fortunate that we did not have to engage in litigation over it.   

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Picture this: me, juggling a divorce, my law practice, co-parenting, and my furry companions are right there, ever loyal. In the middle of a divorce, your pet can feel like a lifeline. So, believe me when I say, I get it. Losing a pet in a divorce (or the possibility of that happening) can feel like losing your best friend. 

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Divorce is messy, and pet custody can make it even messier. But remember, while you can’t split a dog, you can find a solution that works for everyone involved – especially your furry friend. Take a deep breath, understand the legal landscape, and think about what’s best for your pet. And hey, if all else fails, just remember – you’re not alone in this circus. 

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Reach out to me on “What Would Michele Do” on my Instagram! I’m happy to answer questions or help you make sense of what to do if you’re facing losing your pet in the divorce.  

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Instagram: @attorneymichelelocke

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