To many, bringing a pet into a relationship can feel like sharing a child with your partner. In the case of a breakup, the decision of where the pet goes can be a challenging one.
In cases of separation and divorce, pets may be considered property. Pet custody decisions, however, may occur in the context of developing a separation agreement. In this situation, pet custody may become part of other decisions that may involve sharing custody with pets being transferred back and forth along with children. Creating a shared joint pet agreement or pet care contract that details how you will deal with the custody of your pet can help couples avoid future disputes and misunderstanding
In some cases, when people are not able to work out a pet care contract on their own, the decision could be made by a court. The court may classify the pet as either marital or separate property. The judge may then consider who will provide the best care for the pet. The factors to be considered would include, but are not limited to: who bought the pet or who brought the pet into the relationship, who is the main caretaker of the pet, who pays for the pets veterinary care, or food and toys, who spends more time with the pet, and who has more space and time for the pet moving forward. All of these factors will help the court make the best decision possible for who should be awarded primary caretaker of the pet.
However, the path of going to court takes all the control over your beloved pet’s destiny out of your control. Alternatively, by utilizing mediation or coaching, you retain the option to have much greater say in the final decisions that will affect your beloved pet and so much else too.
Dealing with pet custody after a breakup may be challenging, but, with creativity and flexibility, both parties can have the pet’s best interest at heart. Our compromise coach, Cherie Morris, can use her skills in transformational mediation to help you and your former partner find a solution to your pet sharing concerns.
Research and writing credit: Claire Nagelhout
