That people come love their dogs and cats to this degree surprises no one who has even known the love of animals. So it is also not surprising that courts have been asked to make Solomonic decisions about dividing the family dog or cat.

In general in some decisions involving domesticated animals, courts have held that pets -- dogs and cats -- are personal property, and that applicable principles about dividing personal property apply to the custody of a pet. If a court determines that an animal is marital property or property that may be awarded to one party or the other, it may consider "who would better care for the pet and who really had greater attachment to the pet."

This is not the same as a ’best interest of the animal’ standard, and courts have shied away from visitation. "Our courts are overwhelmed with the supervision of custody, visitation and support matters related to the protection of our children. We cannot undertake the same responsibility as to animals," one appellate court observed.

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Your Suggestion

1. When Pets Are the Kids
   This issue should be treated exactly like child custody. The parties are in a MUCH better position to make decisions about what is in the best interest of the animals. Courts do not want to be bothered with "property" issues like pets so they will not be much help. A couple will be much better off if they engage in mediation when pets are involved. You can tailor a custody and visitation agreement where the two of you can share the pets as you would children. Both of you should be responsible for vet costs or any other extraordinary costs. If you use doggy daycare, those costs can be shared. Be realistic about whether or not the pet has a primary bond to one person or the other. And like human children, pets that have grown up together and love each other, should not be divided. They are better off together.
   Contributed on 10/11/2007 by: Divorce In A Day MediationCarlsbad, CA[Total Submissions: 14]

   Category: Pets  (Applicable in All States)

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