The custody of pets in a divorce can sometimes be complicated.
There is a saying: “Lord, help me be the person my dog thinks I am.” No one gives us unconditional love quite like our pets.
The American Veterinary Medical Association has found that roughly two-thirds of every household in the U.S. have one pet or more.
Our four-legged friends are more than just animals — they are members of the family. However, in the state of Texas, pets are considered property. It sounds harsh, but it’s the truth.
Ideally, both parties involved in a divorce would try to make the process as pain-free as possible, but that’s not always the case. A divorce is stressful enough as it is, but deciding who gets to keep “Bingo” makes it more so.
As cut and dry as the legal status of pets goes, it’s important to note that judges are human too. Many judges have pets of their own, and this can work in your favor.
Understanding that pets are indeed members of the family and what is in the best interest of the pet or pets may affect a judge’s ruling.
To put your mind more at ease, here is everything you need to know about the custody of pets in divorce.
Pets are Treated as Property in Texas
The fact is that pets are considered property in Texas. This affects how they will be treated and dealt with during a divorce.
You and your spouse must determine if your pet(s) are separate property or community property.
Let’s say for instance that when you married your spouse you already had a dog. In this case, your dog will probably be considered separate property. If it’s settled that it is in fact separate property, you would maintain full custody or “ownership” of your pet.
But what about if you and your spouse acquired a pet after you were married? If that is the case, then both of you have an interest in the ownership of the animal.
In the state of Texas, community property is supposed to be divided in a way that is “just and right.”
This is where it can get tricky. You can’t split your pet just like you can’t split your child. A pet is a living creature.
The only legal answer Texas has is to assign economical value to pets. This is still far from treating your furry friend(s) as a member of the family.
In some states, laws are heading in a direction where a pet’s best interests needs to be considered. Even though you may have a sympathetic judge, they are in no way required to consider your pet’s best interest at all.
The Factors Judges Will Use to Decide the Custody of Pets in Divorce
The custody of pets in a divorce will be treated as a complex property case. The distinction has already been made between separate property and community property.
If the pets are considered to be community property, then the judge may look into who is better equipped to take the best care of the pet(s). Here are some of the factors that may affect their decision:
- Who is considered to be the primary caretaker?
- Which spouse has spent more time attending to the daily needs of the pet?
- Have there been any reports of neglect or abuse of the pet? If so, which spouse has neglected or abused the pet?
- Which spouse has a work schedule that is more “pet-friendly?”
- Proof in the form of an affidavit from a veterinarian that you tend to the pet’s medical needs.
Suppose that there is a child involved and they were extremely close to a pet. If child custody is an aspect of a divorce, that may influence the custody of any pets in the best interest of the child.
Many judges will strongly consider these factors.
Perhaps more than one pet was a part of your household. What happens then? Once again, the distinction between separate property and community property will come into play.
More than likely, custody of the pets will be split between you and your spouse. That means that one pet may spend more time with one spouse and a second pet would spend more time with the other spouse.
This is an instance where the type of pet and both parties’ work schedules will be factors.
If you work from home, have the kids during the school week, and don’t travel much, then you might be better suited to get the dog.
If your spouse works late nights and is traveling every other week, then perhaps they are better suited to take care of the cat.
Visitation Rights
Once again, in Texas pets are considered to be property. Even if you get a sympathetic judge, they are not going to make a visitation schedule as a part of any ruling. In the case of pets, there are no binding visitation agreements required by law.
However, there is something that a judge can do that will affect visitation rights.
If you have a prenuptial agreement, cohabitation agreement, or partition agreement that includes your wishes concerning your pet(s), a judge is able to enforce the agreement made between you and your spouse.
Custody Protection
Being uncertain about what will happen to a pet in the case of a divorce can be extremely stressful.
As mentioned before, any wishes about pet custody laid out in something like a prenuptial agreement will ensure more certainty about the fate of a pet.
If you don’t have an agreement in place, then you will have to come up with solid evidence that shows you are the spouse who is more fit to have continued custody of your furry friend(s).
Different types of evidence can include:
- Witness statements from your friends, family members, neighbors, or dog-walking buddies that can speak to your treatment and dedication to the nurturing and care of your pet.
- Any receipts you may have from grooming services, pet stores, or any other pet service.
- An adoption application or pet license with your signature.
Contact Our Texas Child Support Attorney for Advice Today
JulianJohnson, P.C. offers personal attention to people in need of family law attorneys in Flower Mound, TX and the surrounding cities.
If you need help with a family law matter such as custody of pets in divorce, Jared Julian can help — he has been helping families for more than a decade and is also a licensed Mediator.
This makes him a professional in settling family disputes. As an experienced family mediator, he listens to both sides and makes an informed decision that is in the best interest of all parties.
Mr. Julian and his team of experienced family law attorneys are available for a consult. Contact us today.
When faced with a heated situation such as the dissolution of a marriage, call a lawyer with compassion, knowledge, and experience with the legal system.
