Divorce - Gaining Custody of Your Beloved Pet

Getting a divorce is a traumatic experience, but it can be interesting from a viewer's point of view. Ending the marriage brings in conflicts that can sometimes be amusing, if you will try to look at it with a different perspective. One of those conflicts is the issue of pet custody.

Many divorce cases are embroiled in child custody cases, but there are some who fight over the custody of a beloved pet. This makes a whole lot of sense since pets are considered as valuable companions. It can be upsetting for some people to think that they will have to part with a pet they have cherished for so long, and lose it to a person with whom they are hostile with.

Again, the laws governing pet custody depend from state to state. Majority of the states consider pets as just property, and therefore have no special status as far as law is concerned. However, there are cases when the court makes ruling that somehow "humanize" pet custody.

The court will consider several factors when deciding who gains custody of a pet. Some of those factors are:

Who bought the pet?
Who spent time and effort caring for it?
How well is the pet taken care of by that person?

Children play a considerable role in pet custody decisions. Often, the pet will remain at home with the children because they are more attached to the pet. Also, the court feels that removing the pet away from the children will add to the children's stress over the divorce, and it's best to keep the pet at home.

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The Effects on Pets During Divorce or Separation

One of the most overlooked aspects of a divorce can be the pets that share our lives. Like children they become an integral part of our family and the longterm effects on them and how they are cared for after the spilt should not be ignored.

Initially pets can be the farthest thing from our mind when a decision to divorce or separate is made, but the reality is never far away and the realisation of who has the legal right over what, not only extends to material property, but also to our pets. For those couples that can simply not agree on this matter, it can be taken up in the courts. The courts view pets as marital property and unlike children, where the court grants custody according to the child's best interest, pets are divided in the same way as any other material possessions. If you owned the pet before the relationship began, then you would usually be granted ownership. In the cases where children are left with one parent, the animals would normally stay so as to preserve the child's happiness. However much you would like your pet to stay with you, there may be obvious practical reasons why this can't happen. Perhaps you are moving into a flat where pets are not allowed or the fact that now you find yourself on your own, there will be no one at home during the time you are at work and therefore no one to look after your pet.

Like children, the pet's best interest should come first and if you are able to maintain a rational and communicative relationship with your ex, there is no reason why some kind of visitation right cannot be agreed. Pets will miss you as much as you will miss them; dogs in particular are so intuitive and caring, but also creatures of routine. If you have spent many years in daily contact and suddenly are not there when they come to lick your face in the morning, it will also have a psychological effect on them. If you have more than one pet and are considering separating the animals after divorce, you should also deliberate the effect this could have on them and the bond that will inevitably be broken between them.

Divorce and separation throws up many challenges and who gets the pets and what effect it has on them is as an important consideration as any of them. Don't be tempted to use your pet as a way of getting back at your ex. Leaving your pet with an ex partner, that you know longer love, like or get along with will be a very difficult and heart breaking decision. The animal's best interest should always be your number one priority.

We develop very powerful bonds with our pets. Deciding or being forced to leave them behind could be one of the hardest decisions you will ever make and another hurdle to jump before you can rebuild your life after divorce.

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Divorce - Consequences For Pet Owners

An increasing number of married couples in America are choosing not to have children. The reasons for this decision vary from couple to couple, but some couples choose instead to take care of one or more pets. Having children is a much larger commitment than some people are willing to take on, but the desire to take care of a living thing can still be there.

Even outside marriage, many pet-owners take care of their animals with the attention of a loving parent. Having a pet is much less of a commitment, in terms of time and resources, than raising a child, but can provide emotional bonds. Pet owners have been shown to have lower blood pressure and happier lives because of the presence of their pets.

When a pet-owning couple chooses to divorce, the bonds they have established with their pets may already be very strong. This can lead to questions similar to those facing a couple with children. When a couple with children get a divorce, it becomes necessary to determine how the parents are to split custody of the children. In some cases, the children live with one parent but visit the other regularly. It is increasingly common for two spouses to split custody equally between them, with the children moving between the two households.

Likewise, two spouses who are strongly attached to their pets must decide where they go. Sometimes one spouse is more strongly attached to one or more animals than the other. In such situations, the couple may decide that the pet(s) should stay with the spouse who is more attached to them. The pets may also go to the spouse who is most capable of taking care of them. For example, if one spouse has a yard for dogs to roam in, it may be best for the dog(s) to stay there.

Some couples even choose to split custody of their pets, in a situation similar to split child custody. In an arrangement like this, the pets move between the two households on a regular basis, and both of them have a stake in taking care of their pets. Even if the pets stay full-time with only one of them, the other might request to see them, or may be asked to take care of them while the other is out of town.

If you and your spouse are two pet-lovers considering a divorce, it can be difficult to decide what happens to your pets after you part ways. An experienced divorce lawyer can help you with all of the decisions a divorce requires, from separating your finances to planning child custody. By working with the Oceanside divorce lawyers of Fischer & Van Thiel, you can come up with a plan for your divorce that works in the interests of both of you. To discuss your case with a lawyer, contact Fischer & van Thiel today.

Joseph Devine