The ownership and monetary value of items and assets in the home are factors that courts in Kentucky State must take into account during divorce proceedings. The Courts treat pets the same as any other object or piece of property when it comes to ownership and distribution. This eventually means that pet custody will probably be decided by a divorce court order.
Are there any alternative options to guarantee that people can keep their dogs after a divorce?
Pet custody contracts
Young couples or older couples with adult children are more likely to experience problems with pet ownership after a divorce. Pet ownership concerns are a sign of companionship reliance with the implicated pets regardless of age.
Depending on the circumstances, it can be in a pet owner’s best interest to draft a pet agreement that specifies the conditions under which the pet owner will retain authority over the care of the animal in the event of a divorce. If a marriage does not work out, the chance of losing a pet might be decreased with a prenuptial pet agreement. An agreement for postnuptial pets can specify the rules for custody and management of any animals acquired during the marriage. A pre-dissolution agreement between the parties can help with the court’s decision if neither a prenuptial nor a postnuptial agreement was signed and a couple is getting a divorce. It can also be used as evidence by your divorce lawyer to support your case when you speak to the judge in the matrimonial action.
The conditions under these agreements may state:
- Visitation Rights
- Custodian Appointment
Making a Pet Custody Decision
A custody agreement for your pet can help the parties, children, and other parties concerned feel less heartbroken. Additionally, it can shorten the time needed to get to court and lessen the stress that comes with divorce cases.
When negotiating a pet agreement’s terms, take the following factors into account:
Children: Removing a pet after a divorce can be upsetting for both the child and the animal with which they have formed an attachment. Many families choose to allow the pet to accompany the child during visits.
Work: If the pet owner must be away from the animal for most of the day due to work obligations, it may be best for the animal to stay with the other party. This is especially true if the other party is able to give the animal more daytime care and tend to its needs.
Relocation: A pet has a hard time adjusting to a new environment. It can be appropriate for the animal to remain in the house of the party with custody until a decision is made if they are moving or are unsure of their permanent location while considering other choices.
Consult a Reputable Lawyer About How to Handle Your Pet During a Divorce
When the lives impacted, including those of pets, are involved in a divorce or separation, it is crucial that all possibilities be taken into account and the issue be settled as amicably as possible. A court may, in theory, rule that it is in both parties best interests to sell the pet and divide the proceeds if there is a dispute and no agreement can be reached because courts view pets as property. A court may also issue a court order requiring one party to receive custody of the animal. Seeking a court order will ultimately push couples to carefully weigh all of their choices and may prevent a forced pet sale, especially when an agreement on terms has been reached between the parties.
Custody disputes over pets may be difficult and upsetting. The Court may make unforeseeable rulings and orders in response to these similar difficulties, particularly when they concern the ownership of an animal. Contact the Paducah Divorce Lawyer’s office right once to discuss pet custody with a knowledgeable member of the team. Your initial step to ensuring your rights as a pet owner and animal lover during a divorce will be to speak with one of our trustworthy family lawyers.