Cut point in the Pet Custody Agreement effortlessly

Aug 6th, 2022
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How to Cut point in the Pet Custody Agreement

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my name is Lisa mccurdy Im an attorney at Nixon Peabody in San Francisco Ive been involved in animal law issues for about five years now we just had a panel discussion today with the San Francisco Bar Association discussing animal custody issues the speakers were me bill shoke who is a pet guardian who was able to give us his personal accounts of a custody issue that arose in his life and Joyce Tishler who is the founder and general counsel of the animal legal defense fund the issue of pet custody specifically and really most issues that relate to animal law generally are framed by the fact that under the law in all 50 states animals are considered personal property and for any of us who have pets we know that they hold a much dearer place in our hearts than other types of property do cars tables chairs and and those sorts of things and so litigants and courts in particular are really faced with a difficult situation when custody disputes arise on one hand courts as early as the 194

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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.
If negotiation or mediation does not work to resolve the pet ownership, the court will make a decision for both of you. If both of you are emotionally attached with your pet, the court may award joint custody to both of you. If the court sees the situation differently, the pet may get to stay only with one pet-parent.
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 pet's future should be, and whether the decision you have made will be the best for them.
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. I hope that this has answered your question, Maria.
If one spouse acquired the pet prior to marriage or if the pet was a gift to or the inheritance of one spouse during marriage, then it is not subject to division. It is the property of the spouse who acquired the pet or received it as a gift or inheritance.
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.
Most dogs relax within a few days, but some immediately enjoy the adventure of exploring their new home, while others take weeks to adjust. If the routines in your new home are different from your previous one, it may take longer to settle in.
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.
As property, the dog is subject to distribution as property. Thus, if the dog belonged to one of the spouses before the marriage, it will likely remain that person's property after the divorce. However, if the dog was purchased after the marriage, it will be considered a marital asset.
Luckily, co parenting a dog, or any animal, is completely possible. Keep reading to learn more about shared pet custody, and how to give your furry family member the best life possible while sharing custody with your ex.

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