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How to Correct Pet Custody Agreement

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In divorce situations, courts view pets as property, often granting ownership to one party rather than allowing shared custody. Max Ruthenberg Marshall, attorney and founder of Porchlight, discusses drafting a pet custody agreement to ensure both parties can maintain a relationship with their pets post-divorce. This agreement serves as a contract for joint ownership, allowing couples to preserve their connection with their pets. A pet custody agreement typically includes essential details about the pet's care, custody schedules, decision-making, and any other terms agreed upon by both parties to facilitate their ongoing involvement in the pet’s life.

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Who owns the dog after a breakup?

The best solution is to settle pet custody outside of court, and to come to a mutual decision together. These can be hard conversations to have but, if you can, sit down with your partner and discuss what the arrangements for your pets future should be, and whether the decision you have made will be the best for them.

Who gets the dog in a breakup Canada?

Although you or your spouse might consider your beloved pet a family member, the courts have ruled that dogs and other animals are personal property just like a house, a painting, or a bank account. As such, the animal must be divided like any other piece of personal property the couple owns.

Why do people get a dog after a breakup?

If you are experiencing anxiety or depression, or you are simply stressed about matters pertaining to your breakup, you may wonder if adopting a dog can be of aid. Study after study has shown that having pets can docHubly improve ones mental health.

How can I legally get my dog back from my ex?

The pet owners recourse follows two main courses of action: you can attempt to negotiate for the return of the pet. Or you can also file a court action to determine the legal ownership of the pet and mandate return of the pet to the rightful owner.

Who gets to keep the dog?

If one party owned the pet prior to marriage, it is considered separate property and not community property. This means that custody of the pet belongs with the spouse who originally owned him. In many other cases, however, the couple bought or adopted the pet during the marriage. This makes the pet community property.

Can my ex come take my dog?

If you and your ex are fighting over a shared pet during a breakup, but not a divorce, the matter becomes more complicated. In general, although there are some exceptions, you would not take legal action until or unless your ex physically takes the pet from you without your permission.

How do you decide who gets the dog in a breakup?

So remember, in the event of a simple breakup, where neither party is married, but they have shared a dog, the person who bought the dog, the person who can prove that the dog is their property, is the one who usually gets to keep that possession or the dog.

How is pet ownership determined in Ontario?

A thorough review of the pets history including origin of ownership such as a record of adoption, a proof of purchase or registration papers in the case of a purebred. The person whose name is listed will be considered the legal owner.

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Correct Pet Custody Agreement