Share:

When a couple decides to end their marriage, a custody battle will ensue if they share children. What if they share pets, though? Since animals are usually considered part of the family, couples often anticipate fighting for custody of their furry friends, too. However, in the eyes of the law, animals are seen as personal property. That means they’ll be treated as such during divorce proceedings. If you’re planning on ending your marriage, here’s what you should know about determining custody of any pets.

If You & Your Spouse Can Agree

If you and your spouse are willing to compromise, it may be possible to devise a reasonable custody arrangement that works for everyone. This applies if you own a breeding business, as well. If you can agree on how to divide everything, you can retain control of the proceedings. Depending on how lucrative the business is, it may be necessary to include other assets in the negotiations, so the outcome is fair for both parties.

If You & Your Spouse Cannot Agree

divorceWhen a divorcing couple cannot agree on who gets to keep the pets, they must take the case to court. While a traditional custody battle won’t ensue, the family law judge will undoubtedly consider a variety of factors before issuing an order. For example, the judge may want to know if either party purchased the animals before marriage and if one party has better living conditions for the animal. You should also be prepared to prove which party handles most of the day-to-day care, buys most of the food and veterinary expenses, and leads a lifestyle that’s best-suited to give attention to the pet.

 

For strategic guidance during contentious divorce proceedings, get in touch with Everett Cuskaden & Associates. Based in Honolulu, HI, this locally owned and operated practice has been in business for over 35 years. This team of legal professionals resolves matters pertaining to family law, including alimony, custody, and asset division. Visit their website to explore all the services they provide, or call (808) 545-1331 to schedule a consultation with a divorce lawyer.

tracking