50% of marriages end in divorce these days. If you’re faced with divorce, you’re also left to figure out who gets the home, how to settle debts, how to co-parent, but also, who gets the dog. It is not unlikely that your pup has become like a child to you both. You sleep in bed with them, you feed them, you nurture them— and they love you right back. To the both of you, the pup is likely the most difficult part. So, in the event of a divorce— who gets the dog? And who makes that decision if you both are seeking ownership?
Who Gets the Dog? Divorcing Pup Parents
What’s the court say?
Unfortunately, when it comes down to it, the way the law stands today treats pets just like property. There are no custody battles, or anything of the like. Instead, if the decision is in the hands of the judge, the dog will be just like any other piece of property. While no pet owner would agree that they are just property— in the eyes of the law, they are just that.
The Animal Legal Defense Fund is an organization that is trying to combat this. They call for courts to consider who takes primary care of the animal, and provides the basic needs. They want the court to consider financial support, social, grooming, etc. That way, an animal would a separate entity, almost like a child. That is, instead of being considered the same as your couch and dining room table.
How can we circumvent this issue?
Well, you can do so by crafting an agreement between the two of you. You can treat it just as you would a child custody agreement. Who gets nights, weekends, and holidays with their pup. While you might find it excessive— it’s either this or the court. So, you have to decide what route you want to take. You both know which of the two can take better care financially, and who has been the physical and emotional support for the animal. Ultimately, if you want to skip the court— you have to make the decision amongst the two of you. Until courts update their policies to reflect the lifestyles of many Americans— that’s all you can do.