Pet Custody DivorceDivorce Papers > Divorce Custody > Pet Custody Divorce Most of the court cases are fought over the matters related to property and children. In some cases, there is one added issue. Pet custody in divorce is an important matter for the couple, who consider their animals as their children. It can be very disturbing for a person to lose regular contact with the pets, as they become an essential part of their life. But, the court does not carry out animal ownership matters separately. It merely considers the animals as a 'property' owned by a couple. It can be considered either as a marital asset or a separate holding during division. However, the spouses seeking termination of marriage consider their pet as a member of the family. Therefore, they might have differences of opinion about having the ownership. The court may consider following things while allotting the guardianship of an animal:
The court is more likely to award ownership to a spouse who has been a caretaker. Another situation is when the dog or cat belongs to the child of the divorcing couples. In this case, if the court thinks that it is in the best interests of the child, then the parent with primary physical custody of the child is granted the ownership. Tips regarding Pet Custody in Divorce This issue is not fought over in the court as the child guardianship cases. The state laws just treat it as a part of property division. Therefore, the spouses must comply with their attorney to find out their rights. Following are some points you can take into account:
Latest trend in Pet Custody in Divorce Traditionally, the law has looked upon a pet as it would look at an item of property (like a lamp or a sofa). According to this outlook, it is foolish to discuss about owning a lamp, similarly it is absurd to discuss about having an animal. Instead of using the word custody, the word 'ownership' is thereby more appropriate. The court is not interested in offering joint ownership or visitation privileges in case of the animals groomed by a family. However, in the recent past, several courts have admitted that pets have feelings and are conscious beings. Hence, they must not be regarded as property. The ALDF (Animal Legal Defense Fund) is an organization that works for protecting the rights of animals with the help of incorporating certain rules and regulations. The organization has several legal experts on board who work on "animal law". This trust has been trying to change the legal view towards pets. Consequently, several judges have tried to aim at the best interests of the animal, while awarding the custody. Accordingly, the courts have acknowledged that some distinct criteria must be applied to avoid conflicts in this matter.
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