Divorcing couples have many difficult decisions to make, including who keeps the family pets. Pet-related family law cases are on the rise, but it’s possible to maintain an amicable divorce and ensure you get time with your pet with the help of an attorney. To prepare, learn more below.

Deciding Who Gets to Keep the Pet

The priority in any pet custody dispute is to determine who gets primary custody. If both parties want to keep the animal, they'll each have to make their case in family law court. If there's clear evidence that one party has a valid claim, such as if they were the pet's owner before marriage or a prenuptial agreement is in place, there's typically little dispute.

If that's not the case, your family law attorney will help you develop a statement. Some of the points to consider include:

• Who takes care of the animal: You may be able to make the case that you're the primary caregiver to the pet based on receipts for pet care, such as grooming, vet care, and supplies. You may also get a statement from your vet that you're the one who brings the animal in for visits, or from the daycare provider noting you're the primary point of contact.
• Who’s in a better position to care for the pet: If your ex-spouse works long hours, travels regularly, or otherwise isn't able to care for the pet, you can make a case for custody.
• Who’s receiving child custody: Many family law judges will consider children when determining pet custody, and the effects of losing their pet. In many cases, the parent with primary custody also receives custody of the pet.

Making Pet Agreements

Most family law attorneys recommend drafting pet custody agreements as part of the divorce agreement. The agreement should clearly outline who has primary custody of the pet, who's responsible for making decisions, who pays pet-related costs, and visitation rules. The agreement should also outline what should happen if the custodial "pet parent" is no longer willing or able to care for the animal. Typically, the other person gets the right to take custody before the animal is surrendered.

Deciding who gets to keep a pet after divorce can be an emotional process, but with the help of an experienced family law attorney, you can reach an agreement that works for everyone. For more than 20 years, The Law Office and Mediation Center of Jeannine M. Talbot has helped couples in the Torrington, CT, area navigate the divorce process. Visit her online to learn more about her services, or call (860) 482-9004 to schedule a consultation.