Divorce Dex.com: Pets

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Definition Pets - are loved, but they not children.

Application in Divorce Courts have been asked to make decisions about dividing the family dog or cat because people come love their animals to a degree that is greater than any affection they may have for certain members of the human species. This surprises no one who has even known the love of animals.

In general, courts have held that pets -- dogs and cats -- are personal property. The 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 ’best interest of the animal’ standard, and courts have shied away from visitation.

See Custody and Pets.

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