Emotional issues are among the hardest to resolve during divorce. People probably don’t feel very strongly about splitting their credit card debt in most cases, but they may have an emotional reaction to dividing certain assets and handling child custody matters.
Companion animals can also be a source of conflict during a divorce. Many married couples and families add dogs, cats and other animals to their households. Those animals provide comfort, companionship and entertainment. They can also generate a lot of uncomfortable feelings as people prepare for divorce. Many people refer to their pets as their fur babies and feel an intense connection to them. They may hope to establish a shared custody arrangement for those pets when they divorce.
Can couples secure shared pet custody during divorce proceedings?
A judge doesn’t treat a pet like a person
No matter how long people have had their pets or how much they love them, they cannot convince a family law judge to treat that animal like a member of their household. Judges have to follow the law, and that typically means treating pets as property. They are assets worth a fixed amount of money. The judge decides who keeps the pet and then uses its value when making other decisions about property and debts.
Shared pet custody doesn’t always work
Some couples may be able to achieve shared pet custody through negotiations with one another. They can set terms on their own that a judge cannot. That being said, shared pet custody may not be a very realistic goal during divorce.
It may be difficult for the spouses to regularly see each other to exchange custody of the pet. Scenarios in which pet custody exchanges are realistic include situations where spouses also share children. Those who regularly travel for work might be able to work out an arrangement where the other spouse acts as the pet sitter when they cannot take care of the animal due to traveling.
Not all pets adapt well to life split between two households. Shared pet custody is often only reasonable for dogs, as cats and other animals can be difficult to transport. Cats, in particular, may have a hard time adjusting to new living arrangements.
People often have to make difficult decisions when they prepare to divorce, possibly including giving up time with a pet that they love. Understanding how the courts handle difficult matters during divorce can help people prepare themselves. Those with realistic expectations may have an easier time accepting the difficult decisions that may need to be made after the end of a marriage.