After a separation, the question to many family lawyers in Glasgow city centre is given: “Who keeps the pets?”
This article will break down how sometimes it may be a shared “pet custody” arrangement, or it may be “sole” custody. Pets should be included in the separation contract. Discussing the matter with your spouse will ensure a mutually agreeable solution.
Shared “pet custody”
When it comes to shared “pet custody” after a separation, there are many factors to consider. In some cases, pet custody is quite clear cut. Depending on whether the pet was owned before the marriage or not, it will be considered separate property. However, if the pet was acquired after the marriage, it will be considered community property, so courts will treat it as a shared asset in the divorce.
If the pets were owned by both of you, it may be difficult to divide them equally. Pet care involves a number of issues, from veterinary care to food. It’s important to outline the history of your pet. This can help you make your case for pet custody in court. For example, if one person adopted the pet, the other may worry about how the pet is treated while the owner is away.
Sole custody
Pet custody agreements can be complicated, but a mediator can help the parties come to a compromise. These agreements cover a variety of issues, from food and exercise to veterinary care. The mediator can also help the parties isolate contentious issues. If you are separated and your ex wants sole custody of your pet, you’ll need to provide an explanation as to why you want to keep it.
Fortunately, the court recognized that pets can be valuable family members. In one case from the New Jersey Court of Appeals, a man and woman had agreed to share a dog. However, the man refused to continue the arrangement, so the woman sued to validate the agreement. The initial judge ruled that the dog was personal property, and the man was awarded ownership of the dog, although the woman was awarded monetary compensation.
Shared “pet support”
Pet custody is a tricky issue. While people will often fight for their pets just like they would their own children, the legal status of pets in divorce is murky. And there are not many courts that are equipped to handle these types of cases. However, there is new legislation in the works which would allow courts to establish custody, visitation, and pet support arrangements. Here’s what you need to know.
The courts will consider a number of factors, including the mental and emotional health of the children involved. If a separation is accompanied by a child, there is a good chance that the children will experience trauma as well. In addition, animal companionship helps children cope with stressful situations, such as divorce and separation. A shared “pet support” agreement can allow the children to keep their pets, despite the separation.
Court order
When a couple separates, they may be wondering how to keep their pets after the separation. There are a number of ways to do so, including a custody agreement or a Consent Order from the Court. These orders can provide clear guidelines on how to care for your pet after the separation. These orders are similar to those relating to children, and they can be useful to both parties.
One way to get a court order involving pets is to go to your local courthouse and speak with specialist family lawyers in Glasgow city centre. A lawyer can discuss with you how to properly care for your pet in the best interest of both parties. Typically, the court will take into account both the financial and emotional investment each party makes in the pet.