Monday, November 24, 2014

Thinking about Divorce? Here's 5 Facts to Know About Pet Custody

Issues over property and time with children aren't the only issues that need to be resolved when a couple decides to divorce. It is often necessary to rule who will have pet custody and what the visitation rights will be.


1. Try to talk about it
The best first step for the pet is to talk to the opposite party and see if an amicable solution can be made. Perhaps the pet stays with the kids for their visitation days. If no children are in the mix, maybe a similar schedule of time off and time on can be made between the two. It is best to try to find a solution that works for both before attempting litigation.

2. Animals are property
Although Fido might be a person to you, in the eyes of the law, he is property. Any and all pets, including dogs, cats, birds, small mammals, reptiles, and exotic pets are considered property. If a resolution for pet custody can't be made, then the ownership will be determined the same way all other property has been.

3. Determine who owns the pet
In one or the other party can actually prove that they are the rightful owner, the situation is in their favor for pet custody. If one person was responsible for bringing the animal into the household, whether it was found or purchased, then it is in their best interest to produce proof.

4. Claim primary caregiver
Even if one party was not the one that purchased the pet, if they were the ones that cared for the animal the most, they can claim primary caregiver. Proof in the form of receipts or witnesses will need to be presented showing that they were typically the owner to provide food, licensing, grooming, veterinary care, and general care for the animal.

5. Look into other cases
Currently, according to the strict letter of the law, all pets are simply property. However, some courts are beginning to acknowledge the relationship and importance of the family pet is more complicated and important than that of other possessions. A previous case on pet custody could help form a compelling or strategic argument.

If you would like to learn more about pet custody in Houston, click here.

5 Tips for Finding the Best Divorce Attorney

When researching for the best divorce lawyers, it is helpful to have a few key bits of information to help narrow the search. 
 

1. Stick to attorneys that practice family law
Although your second cousin, Albert, might be a lawyer, be sure that he is trained in family law before you ask for any favors handling your divorce. Many complicated laws and regulations surround divorce, custody, and division of property. It is in your best interest to be represented by someone that knows what they are doing.

2. Stick to the county of the case
The best divorce lawyers to consider are those that know the local judges, customs, court staff, and other attorneys involved with the case. In order to help have the smoothest divorce procedure possible, it is good to start the search with lawyers that practice in the county where the case will be filed.

3. Do the research
Once the local short list is complete, it is important to review the candidates. The Internet is a great tool for this. Look for their websites, or any sites that mention them. It can also be helpful to search social media platforms for content about each attorney.

4. Schedule a meeting
You will likely be spending a lot of time and money on this relationship and it is important that you interview the best divorce lawyers you can find before hiring any. Prepare all necessary documents, so they fully understand your situation. Also, bring a list of questions, because this is essentially a job interview. Keep good notes to review later.

5. Make a decision
The brief consultation should direct you to the candidate you like the most. If you are still not sure between a few, you can ask friends and family if they have ever worked with those particular attorneys. Online reviews can also be reviewed for tie-breaking information.

If you would like to learn more about the best divorce lawyers in Dallas, visit KoonsFuller.