In A Divorce, Put Needs Of The 'Kids' First

In today's society people often use the term "kids" to refer to their pets be they dogs, cats, hamsters or pot belly pigs.  Traditionally pets have been considered property in divorce proceedings and the courts have used property division priciples to determine who gets the pet. There has been an increasing trend however in pet custody disputes and courts are slowly adopting some of the same priciples used in determining child custody disputes such as the best interests of the pet.

A great article on this topic can be found here.  The article notes that:

Legally, pets are property. So in divorce cases, a judge's decision about custody requires no more consideration than deciding who gets the barbecue grill or the Barcalounger.

Circuit Court Judge Amy Williams, who presides over family cases in Pinellas County, says she has noticed an increase in pet custody issues since 2002. She has determined custody of dogs, cats, horses, a pig - even an aquarium.

"When it comes to pets, there's really no legal equivalent to child custody, so it's best if the couple can work out these issues before coming to court," she says. "Otherwise, who gets the pet will ultimately become a property issue."

The article also recommends:

If you find yourself in a custody battle over a pet, remember that animals are affected much like children by the stress of a breakup. Watch for signs of anxiety, insecurity or confusion. Remember to put their best interests ahead of yours.

The Animal Legal Defense Fund (aldf.org) advises divorcing pet owners to get a lawyer's help in devising an approach that serves the pet's best interests.

Collect information to validate either proof of ownership or primary caregiver status. Ask your attorney about alternative dispute resolutions such as mediation or arbitration.