Nobody likes to think about divorce. Ending a marriage means splitting up assets, both material ones and personal ones. One of the most important assets in a couple’s life is one that has feelings of abandonment, needs time to adjust, and usually hates change – the family pet.
Pets are often just as important to a couple as children are. Yet, by law, they are considered property, and not members of the family. As property, they are often assigned a monetary value, and a judge may make a custody decision on a number of cold facts:
• who originally bought or paid for the pet
• who takes care of the pet more often (feeding, walking, etc)
• who buys the majority of the pet supplies
• who takes the pet into the vet most
But owning a pet is not like owning a piece of furniture. Although some courts are recognizing that pets should be viewed as a special custody category, the process is very slow. Many couples are taking matters into their own hands and drawing up pet custody agreements.
Pets have their own set of complicated issues and problems that should be addressed in any agreement. Make sure that you choose an experienced attorney, one who is familiar with family and pet law in New Jersey. Working with a lawyer will ensure that the final pet custody document is legal and as fair as possible.
Some questions that may need to be answered include:
Where are the children? If there are children from the marriage, many experts recommend that the pet stay with the children to help them with the stress of the divorce. Both the pet and the child can benefit from familiar surroundings and company.
What are the owner’s schedules and situations? Working full-time may be necessary after a divorce, but that may not be healthy for the pet. Decide who has the time to take care of the pet. It may not be fair, but if one party stays at home, they may be better able to care for the pet. Divorce and family lawyers in New Jersey can help you to determine where the pet will be happiest living.
Visitation or joint custody? Does one person get full custody, with the other one getting visitation on certain days? Does the animal shuttle back and forth between the two owners? Although these decisions are often made with the convenience of the owners in mind, the main objective is what’s best for the animal.
Who pays for normal expenses? Food, vet bills, dog walking fees, and toys can all add up. Just as with housing, a couple needs to decide how these expenses are going to be divided. A divorce attorney in New Jersey will be able to mediate the tough task of putting a monetary value on pet care.
What if there are any problems? Animals, like children, may react badly in the aftermath of a breakup. Stress, new schedules, possibly losing contact with one owner, all of these can affect the pet’s mood and actions. How does each owner handle their dog if it becomes destructive, aggressive, depressed, or forgets its training?
What if circumstances change? Things happen: job changes, moves, remarriage. All of these are life changes that may affect pet ownership. Owners who plan for change, and incorporate it into their agreements, are more likely to make decisions that are best for their pet.
Making sure that the pet custody agreement is fair should be a top priority for any family law attorney. Speak to one of our family lawyers in Bergen County, New Jersey about these questions (and possibly more) to help clarify some of the issues that arise in divorce with pet custody.