Divorce and Family Law: Resolving Pet Custody Issues in Albuquerque, New Mexico Divorce Cases

For most people, pets are important members of the family. Yet, in cases of divorce, pets are viewed as property under the law. This can create complicated questions and issues in divorce cases where the couple has pets. While child custody cases consider the best interests of the children, not all courts may be willing to look at the best interests of the pets to determine who should receive custody of the animal. In these cases, it is often up to the divorcing couple to either decide who will keep the pet, or up to the divorcing couple to draft up a pet custody arrangement that works for them.

For instance, unlike child custody cases where the relationship between the child and the parents are taken into account, in cases of pet custody, few factors are taken into account. Usually a judge will merely look to see whose name is on the purchase or adoption paperwork. Of course, if the pet was acquired after your marriage, both parties have equal right to have ownership of the pet. Deciding who will get the pet is sometimes one of the most emotionally challenging and draining questions that couples have to resolve before they finalize their divorce. If you are not sure who has legal rights to the pet and are concerned that your former spouse will take the pet from you, having a divorce lawyer on your side in Albuquerque, New Mexico can make all the difference in the world. Visit Abbott & Abbott, P.C. at http://www.abbottandabbott.net . 

  Not all cases of pet custody need to end in bitter battles.

 The Huffington Post notes that the best way for divorcing couples to resolve pet custody questions is outside of court, with a contract that dictates who will have custody of the pet and when and where visitation will occur. In the best case scenario, couples should honestly ask themselves what arrangement will be in the best interests of the animal. For instance, will a Labrador be happier living with a pet parent who lives near a park or with the pet parent living in the city in a studio apartment? If children are involved in the divorce, the children should also be taken into consideration. Divorce is difficult enough as it is, and dividing a child from his or her pets can only make the situation harder.

 Finally, couples can arrange visitation if they draft an agreement outside of court. While a judge won’t decide on these matters inside of court, couples still have the right to draft their own terms for their divorce. It is important to remember that a divorce judge will likely only be able to rule on pet custody as he or she would for any other piece of property. According to Michigan State University’s Animal and Legal Historical Center, asking for shared custody for your pet is like asking for shared custody of a television. The judge simply won’t be able to rule on it and the law doesn’t see any difference between these two requests. So, if you don’t want your pet to be treated like a car or a television in the eyes of the court, it is important that you make arrangements with your divorce lawyer outside of court.

If you’re getting divorced, proper planning is key. A qualified divorce lawyer like Abbott & Abbott, P.C. in Marietta may be able to assist you in drafting a pet custody arrangement that works best for your family and for your animals.