Arizona does not provide strict custody laws and framework when it comes to animals and divorce. If two people are divorcing and they own pets, the state allows them to settle the matter between themselves, otherwise it will step in to make a ruling. However, this ruling will not be enforced as far as routine checkups like you get with custody disputes with children. The state will back a single person to take responsibility for the animal.
This means that if you and your ex agree to have joint custody of the animal the state will not recognize it, but will allow it. For them, the animal will be placed under the care of one individual. If you and your ex want to share custody, that’s fine but the state of Arizona will not get involved beyond that.
Dog Custody Can Be Settled By The Courts
While the state may not take a progressive approach with ownership of the animals, it does help with decision making. If you and your ex cannot reach an agreement as far as ownership, the state will step in to make a final decision. During this court hearing both owners will be allowed to present their reasons for wanting sole custody and then the courts will decide who gets it.
This can be part of your regular divorce proceedings or separate if needed, depending on the framework of your divorce. Because some divorces can cover millions of dollars in assets and property, not to mention custody of children, pet ownership is usually handled as quickly and as simply as possible.
Best To Settle It Yourself
If possible, this is something you should try to settle with your ex, especially if you are considering splitting time between each other. Going to the courts will give you a decisive answer, but that’s it. If you want something in writing that says what you are responsible for and when, that should be discussed and worked on between you, your ex and your attorneys.
When you go to the court, they will want to know who cares for the pet the most, where the pet will live and what conditions will be best for them as well as any emotional attachment to the animal. Again, both sides will be able to plead their cases here but this should be used as a last resort if an agreement cannot be reached. Once the courts make a decision, it is best not to share custody because you will be solely responsible for the animal, not your ex.
The Court Will Not Reinforce Agreements
Please keep this in mind, it does not matter what agreements you make or what the court decides, once you walk out of the courthouse, you are now responsible for that animal. If it needs care, that is your responsibility. Your ex no longer will have to provide you with money or assistance for the animal. This is stressed often from attorneys in matters where someone wants custody of their animal but also expects to get financial assistance for it.
Your ex may have to pay you spousal support as well as support for your children. That’s it and there will be no additional funds distributed for the care of animals. If you have an animal who is expensive to take care of, be aware of that. It you and your partner agree to split costs, the courts will not sign off on that agreement and reinforce it after the divorce.
Work With Your Attorney On A Strategy
Your attorney not only has experience with divorce in Arizona, but also animal custody disputes. When it comes to dog ownership, there are a lot of emotions and both parties believe they have equal rights to the animal. Here is how the courts will breakdown the dispute and make a decision:
- Who cared for the pet: Who spent the most time with the animal throughout the day. That means feeding them, walking them, taking them to the vet and so forth? Yes, you will be asked to prove it if possible and show that you were the primary caregiver for the animal.
- When was the pet purchased: Was the dog purchased or acquired before you were married? If so, who acquired it? If not, then both sides do have equal claim legally and the decision will be made by the courts.
- Emotional attachment: Yes, the courts will consider emotional attachment to the animal. In some cases, animals may be certified as emotional support animals and if that’s the case, the person who relies on that animal in that way would be able to discuss their dependency on the animal.
- Living arrangements: Can you provide a safe and healthy environment for the animal to live in after the divorce? The court will want to make sure that the animal will be well cared for before making its final decision.
Chances are your dog will not be the biggest fight you have with your ex when you get a divorce. If there is a dispute over the dog, there will be disputes over almost everything else. You need to have your information ready and focus on showing that you can provide a great and healthy life and home for your animals, children and yourself. Allow your attorney to focus on the legal stuff and be sure to ask them any questions you have about this topic.