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.