Pet ownership after a divorce usually is not settled in a court. It comes down to decisions made between the couple getting divorced. However, if no agreement can be reached, the decision can be made by the courts, but cannot be enforced in Arizona. That’s right, the court may decide on custody of the animal but will not enforce it as it would custody of a child.
Many states have similar regulations and structures in place, allowing for legal decisions to be made in court regarding animals and divorce. For example, if you and your ex have agreed on custody for the animal and who gets it when, the court will acknowledge that agreement but they will not ensure that it is enforced. This is why, if the topic is important to you, you need to address it early with your attorney and make sure that there is something in writing that stipulates who gets the animal.
Personal Property Vs Family Member
Animals, even cats and dogs, are never treated like family members in the eyes of the court. To the court, children and other dependents are considered family whereas animals are considered personal property. Courts do not like to back custody agreements for personal property because it usually leads to conflict on issues like care. There will be a review to consider which person will take better care of the animal but that’s usually where the conversation ends.
If one person has shown far more care and interest for the animal over the years and can prove it, the courts will usually side with them. Showing you are responsible for the animals’ care can be as easy as having information provided by the veterinarian and other animal care professionals.
Arizona Regulations Are Vague
Courts in Arizona will make decisions on animal custody. However, the laws and regulations that not only determine the outcome of a dispute as well as enforce the court’s decisions are not only vague, but they sometimes leave a lot to speculation. This is why you need an attorney who can literally tell you what your options are based on your current separation, if there are any agreements in place and other factors.
If children are involved and there is a custody hearing, often the animal will go with the parent who gets the majority of the time with the children. Have there been exceptions to that? Of course, but they are rare and usually have to do with different circumstances. For example, the person who gets custody may have purchased the animal before the relationship began. This is why discussing the situation with an attorney is the only way to get real clarity.
Can You Work It Out With Your Ex?
One question your attorney will ask you during your divorce, not just with animals but with anything that is a matter of conflict, is whether or not an agreement can be reached with your ex? In some cases the answer is no. However, other divorces and separations where there is not as much hostility allow for reasonable and fair agreements to be made. That is the easiest way to resolve this matter and something you should consider.
Animals are a part of our family and we understand why it can be frustrating that the courts do not take these matters more seriously. However, the best way to get what you want in this matter, as well as any other matters in a divorce, is by working with your ex. If that’s an option at all, it should be considered.
The Court Can Make A Decision
Yes, if you and your ex cannot reach an agreement on what to do with family pets, the courts will eventually make that decision for you, and that does mean a judge. The judge is going to listen to both sides and review the information before making a final decision. If your divorce comes to this, you and your lawyer will present information that shows why you should be given custody of the animal.
The judge will review the information and make their decision based on what’s best for the animal. Rarely do the courts decide on a split custody. Usually, animals are given to one owner and that owner receives full custody with no mandatory times set to share the animal with the ex. This is why these matters are far different and treated differently than custody of children.
Attorney Recommendations
How important is it to you to get full custody of the animal? If it’s important, you are going to need to gather information that shows that you’ve been the one who has taken care of the animal. That includes taking them to the vet, feeding them, taking them for walks or anything else. It’s not always cut and dry for the courts and that’s why you need to make the decision easy for them by showing the animal will thrive with you.
Pet custody is a common dispute in divorce. However, it’s a topic that can be addressed well before the divorce heads to court. If not, the courts can make a final decision to determine who takes sole responsibility for the animal. No financial responsibilities for the animal will go to the person who did not get custody which also needs to be taken into consideration. Talk to your attorney and determine which options are best for you.