It is strange to many divorcing couples that in the state of California, a pet is considered property. After all, they’re more a member of the family than a table is. Yet, the same rules that apply to regular property division apply to pets. When you work with Law Offices of Torrence L. Howell, we’ll do everything we can to ensure you get the best possible solution.
Paperwork is important
If your pet is registered with the AKC, then you can look at the name listed as their owner on their paperwork. Call your vet and make sure that you’re on the contact list for your pet. You should also have all copies of vaccinations, have access to their ID numbers if they’ve been microchipped, and have copies of all other paperwork. If you obtained the pet before your marriage then you’ll also want receipts from that process.
Think about what you really want
In some cases, a shared custody of your pet may be in the best interest of everyone. Remember that though the law states pets are property, you don’t have to go along with that. In family law, the courts will honor almost any agreement as long as it’s both reasonable and enforceable. As a result, if you and your soon-to-be-former spouse can agree on a custody arrangement, then the courts will likely agree with it. In many cases, if you have a custody agreement for your children, the pets will simply be on the same schedule.
The details are important
If you do decide to share custody, remember that there are a lot of factors to discuss before settling on anything. For example, there are significant costs in having a pet, especially as they get older. Yes, you’ll have the costs of food and grooming, but what about vet bills? What about a situation in which your pet has gotten older, is in pain, and the vet is suggesting it’s time to put them down? Who will make that decision? These are all things that should be discussed and agreed on before you sign any custody agreement.
Remember to be compassionate
You love your pet but so does your spouse. Additionally, your pet likely loves your spouse and would likely miss them if their bond was broken for good. If you really think of your pet like family, then it’s important to consider their best interests as well. As is the case with children, when it comes to a pet, you may have to compromise on things with your spouse that you otherwise wouldn’t want to.
Shared custody of a pet is just one option. To discuss this and other choices, contact Law Offices of Torrence L. Howell today. We offer a free consultation during which we can come to understand your situation and give you general advice on your options to move forward. Call us today at (909) 920-0908 to get started.
