When a couple gets divorced they have to split their assets and custody of their children. But what happens to the family dog? Or the cat that one spouse brought into the relationship and the other now considers family? If you are going through a divorce you can maintain a relationship with your family pet by establishing a pet custody agreement. Speak with an experienced Mountainside property distribution attorney for representation during your separation or divorce.
What is a Pet Custody Plan?
A pet custody plan is exactly what it sounds like. When a couple with children gets divorced a court will work out a child custody plan to determine who the custodial parent is, visitation, child support, and more. Some people consider themselves to be pet parents. If a couple gets a divorce but they both want to maintain custody of their joint pet, a pet custody plan can help them make that happen.
Pet custody plans are totally customizable to suit the needs of the couple and their family. Any line item can be added or removed as they see fit. If you are creating a pet custody plan you might consider clarifying the following.
Who is the primary owner? It is important to establish who will live with the pet most of the time. You might choose the spouse who originally adopted the pet or who has primary custody of the children so they can have access to the animal.
What are the other spouse’s visitation rights? If you are the primary owner, your spouse will likely want to see the pet when possible. This arrangement can be formulated to fit your needs. You might switch off care of the pet at the same time you switch off the kids, or give them the pet for one week out of every month.
Who is responsible for the pet financially? Pet food, daycare, and veterinary bills add up. You will want to establish who is responsible for certain costs or if you will split bills 50/50.
There are other factors you should consider but remember as long as you and your spouse agree, you can include anything in your pet custody plan.
How Is Pet Custody Determined?
Because New Jersey courts consider pets to be personal property they will not draft a custody agreement like they would with children. However, you and your spouse can devise a custody arrangement on your own and present it to the court to be entered into your divorce agreement.
Couples with an amicable relationship or who have similar desires for custody can draft a plan on their own. They may choose to make it up or reference an online resource or template. If the relationship is strained or contentious, mediation may be a viable option. A mediator can help peacefully negotiate the terms of custody. Couples may consider the following factors when creating their agreement.
- Was the pet obtained before or during the marriage? If before, which spouse brought them into the relationship?
- Who is the main caretaker of the pet?
- Who has the closest bond with the pet?
- Does one spouse have a more secure financial position to take care of the pet?
- Does one spouse have a bigger home or yard for the pet to use?
- Does one spouse have custody of any kids involved?
Ultimately the pet custody agreement is created by the couple so the specifics of the arrangement are unique to them.
