Can Rover Come Over? 4 Things That Can Influence Your Rights To Your Pet After A Divorce

Are you in the midst of a divorce and wondering about the fate of your pet?  Are you pondering what the divorce judge might take into consideration when deciding who your furry friend will spend the rest of their life with? If so, read on to learn 4 things that can influence your rights to your pet.

1.  Domestic Violence

According to americanhumane.org, between 25 and 40 percent of domestic violence victims feel like they can't escape their hurtful relationships because they fear their pets will be harmed by their abuser. If you are in an abusive marriage, you should know that your pet may be legally protected from your spouse during and after a divorce.

Several states have stepped up to help victims of domestic violence by enacting laws that guarantee the safety of their pets. Under these laws, police officers will not only show up to escort a victim away from a house they share with an abusive spouse, but they will also take the victim's pet right along with them when they leave. Also, these laws allow victims of domestic violence to include their pets when filing personal restraining orders against abusive spouses. 

2.  Expenses

If domestic violence is not a factor in your divorce, then it's likely that the judge will consider your pet shared property. In most cases, the person who paid most of the expenses associated with the animal will be granted ownership of it. If a court decides that your pet is shared property, you'll want to gather as much of the following evidence as you can to show that you shared in at least a portion of the expenses involved with caring for the pet.

• Animal registration certificate (if it's signed by you)
• Veterinary bills that you have paid for
• Receipts for dog food and dog toys
• Receipts for flea medications
• Proof of purchase of the animal (pet store receipt or adoption certificate)

3.  Children

If both you and your soon-to-be ex-spouse can produce evidence that you financially supported your pet, then the judge will take any children you may have into consideration.

In any divorce that involves kids, the court will base their decisions on what is in the best interest of those children. And, it just so happens that having a pet to help them through the changes their family is currently going through is beneficial to children of divorced parents. If your children have formed a close bond with the pet whose custody is in question, then the judge will likely decide that the pet should stay with the parent that has primary custody of the children.

4.  Your Location

If the court decides that your pet is shared property and you don't have any children, they will then decide their case based on the best interest of the pet. If this happens, your location could play a huge role in whether or not you retain custody of your pet.

Moving to a new location can be stressful for animals, so if you or your ex will be staying at the house you formerly resided in together after the divorce, the judge may just decide that the animal should stay there too, since it's already grown accustomed to it.

Likewise, if you both plan to leave the house you lived in together and your pet is old or has health problems that would complicate traveling, the judge may decide that the animal is better off with whoever will be traveling the least distance away to live.

If neither you nor your ex-spouse will be living in the house you shared after the divorce, the judge will consider what kinds of accommodations the animal will have with each prospective owner. He or she will take into consideration how much time each person will have available to care for the animal, how much room the animal will have at each residence, and whether or not each party will have the future financial means to care for the animal.

There are many factors that come into play when a judge is deciding the fate of your pet following a divorce. If you're concerned that you'll lose your rights to your furry friend, contact a divorce lawyer to discuss a strategy for securing custody.