Most pet owners consider their furry friends part of the family. In other words, having pets can make divorce proceedings even more emotional than they already are. If you’re thinking about getting divorced in the Bluegrass State, you may be wondering who will retain ownership of any animals. Here is what all pet owners should know about the subject under family law. 

How Do the Courts Handle Custody Battles Over Pets?

Unfortunately, the courts do not hold pets in the same regard as children. In the eyes of the law, animals are considered personal property and are therefore worth no more than what they could be sold for at a yard sale, auction, or flea market. In other words, family law judges will not entertain a custody battle over a dog or cat, so couples who want to fight it out are essentially on their own.

Fortunately, their divorce lawyers can help. In most cases, couples can negotiate for a reasonable arrangement that allows each party sufficient time with their pets. It’s important to note that such an agreement is separate from the divorce agreement, though, and may not necessarily hold up in court should one party violate it.

When a couple cannot arrive at a reasonable compromise, they can take the case to court. Although not a traditional custody battle, the judge will still consider dozens of factors to determine who should retain ownership. Examples include who handles most of the caregiving, who purchased the animals, and whose lifestyle is better suited to raising pets. If the couple shares children, the judge may simply order the animals to follow the same visitation schedule as the kids. 

How Do the Courts Address Animals That Provide an Income?

In the state of Kentucky, animals that provide the couple with some form of income are also treated as personal property. If the couple breeds dogs or cats, for example, the animals will simply be divided like any other asset. In such scenarios, the judge is less likely to consider emotional factors and will instead take into account more practical aspects, like which individual is better equipped to continue running the business after the divorce has been finalized. Of course, a couple can always decide how to divide up the breeding business on their own. As long as they are both willing to compromise, a judge will not have to step in and make the decision for them. 

For strategic counsel during a Kentucky divorce, turn to the Law Office of Michael Davidson, PLLC. Based in Lexington, this firm has been representing clients throughout the area for more than three decades. Their family law team is committed to helping clients navigate complicated proceedings with as little stress as possible. By letting them handle the logistics of your divorce, you can focus on more important matters. To request an initial consultation with a seasoned family law attorney on their team, call (859) 225-1717 or fill out the form on their website.