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How to Make Fillable Pet Custody Agreement

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In a divorce, pets are legally viewed as property, which can complicate custody arrangements. Max Ruthenberg Marshall, an attorney and founder of Porchlight, discusses the importance of a pet custody agreement for couples wishing to maintain a relationship with their pets post-divorce. Such an agreement serves as a contract between spouses, allowing for joint ownership of the pet rather than leaving the decision to the courts, which typically award ownership to one party. The pet custody agreement outlines key elements of shared pet care and responsibilities, ensuring both individuals remain involved in the pet's life after the separation.

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Does pet count as property?

How are pets treated in family law? The simple answer is, they are treated as personal property, much like a book collection, lamp or couch.

Are pets considered property in Canada?

Animals in the Canadian legal system are considered property. Property rights include the rights of possession, the rights of use, and the enjoyment of property to the exclusion of humans. Jurisdiction over animals is divided between the federal government and the provinces under the Constitution of Canada.

Are pets considered property in Ontario?

In Ontario, pets are considered property. For example, see the case Coulthard v. Lawrence where the court held that pets are legally not considered family members, and ingly child custody principles do not apply.

Does AKC registration prove ownership?

Proof of ownership can be as simple as your adoption record from the local shelter or as complex as the AKC registration record.

Are pets property in law?

Animals generally do not have meaningful legal rights under current law. They are deprived these protections largely because by and large, the law considers animals to be propertyor legal things instead of legal persons.

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.

How do you write a pet contract?

In general, a Pet Agreement should include the names and addresses of both parties (including the city and state), information about the pet (such as whether it is a cat or dog, and the breed), and any additional terms that you would like to include, such as a visitation schedule or who is responsible for any care

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