Talking About Family Attorney Services

But Who Gets The Family Dog? Three Things You Need To Win A Pet Custody Case In Court

23 June 2016

Norman Kelly

More and more pets are being treated like children when it comes to divorce, and the battle over custody can be get just as ugly. Pets are family members and to many couples, they are just like children. So how is it decided who gets custody of your pet during a divorce? There was a time when the courts just viewed a pet as a piece of property and it was counted into the assets. Now, however, courts are becoming more sympathetic to the pet owner's plight. Before you go to court, be sure you have a legal argument ready as to why you deserve to have custody over your fur baby.

Motive

One thing that needs to be evaluated are your ex-spouse's motives as to why they want the pet. For instance, if your partner didn't show much of an interest in the pet before the divorce, why is it so important to them now? With your lawyer's assistance, try to figure out why your spouse wants the pet now. Is your spouse trying to use the pet as leverage? Is your spouse trying to use it as a means of control? Is your spouse trying to manipulate you? These are all motives that need to be investigated before going to court.

Before you present your theory before the court, it is always best that you have some type of evidence that points to your conclusion. If you don't have any proof it may seem like you're making false accusations which will not help your case at all.

Evidence

The evidence that you need to provide the courts is much more than your spouse's indifference to your pet. If you paid for the care of your pet during the time you and your partner were married, you need to be able to show that to the judge. For instance, if you paid for visits to the veterinarian, you need to provide receipts that show the fact. If you can't provide receipts, you can ask your veterinarian to write a letter in your favor. You can also ask friends and neighbors to write letters on your behalf attesting to the fact that the majority of your pet's time has been spent with you. Have them include what they observed when your spouse was with your pet. Witnesses are always great to have when trying to argue that the pet is best left in your care.

Finances

Just like for a child, it takes more than just love to care for a pet. You have to be able to show that your finances are sufficient enough to support your fur baby. Bring documentation of your earnings along with a monthly breakdown of where all of your earnings go. Show the courts that you can take care of all of your financial responsibilities and still have enough to pay for veterinary care and food. You also want to show them that you will be able to provide for your pet should your pet be met with an unexpected emergency like illness.

The judge may also wish to know who cares for your pet while you are working, so you will need to provide proof that your pet has the care it needs while you are away.

Divorces are sticky situations without having to get your pet involved. If you are worried that the custody of your pet will come into question, prepare yourself beforehand. Gather the information listed above and you will have an easier time winning custody of your fur baby. Talk to an attorney from a company like the Law Office of Shelli Wright Johnson and see if they can help you with your case.

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