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The Problem with Divorce and Pet Custody

Divorces are often tricky, especially when child custody is involved. While there is a set practice which ensures that a child's best interests are paramount in matters of custody, it is different when pet custody is the consideration. For married couples, pets are often treated more like family members rather than pieces of property. The problem often arises in divorce cases when both parties claim ownership of the dog. While the legal system has evolved from who can call the dog to their side, there isn't a set procedure to decide who can keep the animal in question.

In some cases, pets are treated like property, yet they are not the same as a car or other communal property. The person who paid for the animal often times gets to keep the animal after a split. It is an issue further compounded by who takes care of the animal. If the animal is taken to the vet or on walks by a particular person in the relationship, then it might look like they are more responsible for the animal.

The overall well-being is also a consideration in animal custody cases. In some cases, the person who can offer the best arrangements or life for the pet is the winner of custody. If a child's custody is being considered in the same split and the child is attached to the animal, it may be awarded to the parent with custodial care of the child.

While the specifics of animal custody are still up in the air, there are a couple of ways you can protect your pet. If a couple is thinking about getting a pet then a discussion must take place about who owns the animal. All agreements must be in writing to be valid. You can also get your pet licensed and micro chipped, which is the easiest way to prove ownership. Pet custody is becoming more of a concern in divorce. If you are considering divorcing your spouse, please contact a compassionate family law attorney in DuPage Countyto review your situation.

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