Pet Custody Battles
Legal Obstacles and Practical Solutions
By Gabriela Sandoval
Attorney at Law
If there was any doubt that our animal companions are as (or more!) important as our human family members, when a couple splits up one thing is for sure - at least one person makes the following clear to the other: "Obviously, I’m getting the dog. She's really mine anyway."
When these couples split, the animals may find themselves in the middle of a custody battle. Ending a relationship is an anxious time with many uncertainties and when animal companions are involved, even more so. Because companion animals are defined as legal
property, the law can be very cruel during this emotional time.
For example, when child custody is the issue many states look to the “best interests” of that child in making important decisions about that child’s life. As with most litigation, if the parents can come to an agreement on their own, and preferably before litigation ensues, the judge isn’t burdened with the task of deciding the child’s fate in the first place. It is much more empowering for parents to work together to create their own agreement rather than have a judge decide for them. Having an agreement will also save you money in legal fees.
Human parents of animal companions can create a written agreement detailing the life situation of the animal in the event that the relationship doesn’t last forever. It is important to consider drafting an agreement whenever you have an animal companion and live with someone else or if you live with someone else and then adopt an animal. Having an agreement means considering and answering some of the following questions: Are we agreeing to sole custody to one of us or joint custody with visitation? Who will be responsible for the animal’s expenses? Who is responsible for providing vet care? What about providing socialization activities? Am I considering giving sole custody/guardianship to my current partner in the event something should happen to me? What is really in the best interest of the fourlegged child?
Many judges don’t particularly like to decide animal custody disputes. If you do have to litigate, but you’re armed with a signed agreement, it will be most helpful to your case. If you don’t have a signed agreement and are dragged into court, most judges will determine who gets the animal using a traditional property analysis. “Best interest” of the animal is hardly ever considered. This can be a nightmare for human parents, especially when one former partner or spouse is only feigning interest in the animal to hurt the other person.
If you don’t have a written agreement, a judge might consider proof of the following: adoption, registration, who can afford related expenses, an existing bond with children, whom has dedicated more time with the animal, provided socialization and vet care and who can best provide appropriate supervision.
Related laws vary in each state. However, a signed agreement can provide incentive not to litigate and may prevent the future heartache of losing custody of your beloved animal in court.
For more information
Gabriela Sandoval
Attorney at Law / Child & Animal Welfare Law
Rocky Mountain Legal Center for Child & Animal Law
600 17th Street, Suite #2800 South
Denver, CO 80202
(303) 954-4580
www.childandanimalaw.com
