If it is apparent that your marriage is headed for a divorce, or if you or your partner has already filed for divorce, then thoughts will inevitably turn towards how different assets and possessions will be evenly divided.
It’s possible to split finances down the middle – but what about the family dog?
Who keeps the dog?
Though a family dog may be considered a member of the family it is still counted as a possession in the eyes of the law.
This means that the process for deciding who gets the dog is somewhat different from the process of deciding child custody.
With child custody, the final decision depends on what is in the child’s best interest. With a dog, some of the influencing factors include who bought the pet, for example, if it was owned prior to the start of the relationship. If the pet was purchased during the relationship, the court may take into consideration who was more involved in ongoing care and interaction with the dog, or who the registered owner is (if the dog is a pure breed).
This may require showing that you were more involved in taking the dog for walks or feeding him, or any other evidence that can support this.
Coming to an agreement
Often, couples can work together and come up with a written agreement that determines who gets the dog. This agreement may include visitation terms and schedules.
Of course, if a couple is on very bad terms, it may be necessary to let the court decide.
Got questions?
If are curious about anything involving custody of the family dog and anything that might be involved in determining this, simply talk with Epstein & Associates. Our experienced team has worked in hundreds of legal cases and can draw on a wide collection of knowledge to help you understand your legal rights and obligations.