"In the eyes of the law, marriage is a business contract. Nothing more and nothing less.
Love, intimacy and companionship have nothing to do with the legalities of marriage."
Currently, legal system all over the World classifies pets as property right alongside cars
and televisions. While it's safe to say that most "pet parents" would disagree
and see their companions as true members of the family, that view has no standing in court.
That fact becomes very clear to couples battling over assets in divorce court.
In that arena, except in cases where cruelty can be shown, it is proof of ownership
that almost always determines custody of the family pet.
In determining proof of ownership, a judge will consider the following:
Registration and license: The most likely document to be recognized by the court
is the initial registration required for the majority of household pets.
That document will have the name of the person who registered the pet
with the local authorities and paid the associated licensing fees.
Remember, signing your name on a registration form carries weight.
The registered owner of a pet is responsible for future licensing and vaccinations,
as well as any issues of liability that may arise.
Veterinary records: The court may also consider veterinary medical records.
At your pet's first visit to the veterinarian, you will be asked to supply the name
of the owner. If you are part of a couple, both parties can be listed as owners.
If a pet custody battle takes place, having both names listed will show the court
that each party showed an interest in the pet's well-being. From there, the judge will most often look at who paid the majority
of the pet's veterinary bills to help determine legal ownership.
Microchip records: Beyond being one of the wisest things a pet parent can do,
microchipping also serves as a record of ownership. Just as with veterinary records,
both parties can be listed as owners of the pet, which will show an interest in the animal's well-being in the eyes of the court.
Pedigree registries: If a couple has a purebred pet, registering him with the Kennel Club
or Cat Association or another recognized organization will show who has legal ownership,
and both parties can be listed as owners.
Understanding the Gray Area
If you know anyone who has been in a bitter child custody battle, or if you have been in one yourself,
you know that a "win at all costs" strategy can develop, with each parent saying or doing
whatever is necessary to gain custody. Not surprisingly, this same scenario can play out with pet parents.
While proof of ownership is the "black-and-white" element of pet custody cases, more judges, perhaps pet owners themselves,
are now considering "the gray area."
The goal of the court in child custody cases is to act in the best interest of the child.
In pet custody cases, when both parties have provided records showing shared involvement,
the court will then consider many of the same elements as when determining child custody.
Considerations will include the physical environment that each "parent" would provide for the pet,
how much time each parent would have to spend with the animal and the parent's ability to pay for care.
Other considerations may include whether or not the parent has a history of drug use,
incarceration or domestic violence charges, which may show a propensity to be violent
toward a pet as well as the spouse or child.
Another factor that judges look at is the amount of involvement, or lack thereof,
that someone has with a pet. If one partner takes on the responsibility of feeding,
grooming and exercising the pet and can prove it, that person will typically be viewed
as a more committed owner and will be more likely to gain custody. Depending on the state
and/or judge, custody may be shared.
In addition to cases of divorce, unmarried couples can wind up in court over custody issues
or claims that one partner stole property - in this case, the pet. Whatever the status of the relationship,
you need to ensure that you document your ownership of your pet.
We urge the legal system to develop better way of treating pets during divorces
than as a property, that can be harmful for a pet, as he/she may end up
with less loving pet parent due to documentation.
Full credit for the article/text that has been used as a petition material goes to the Source,
which can be found here:
https://shine.yahoo.com/pets/gets-custody-pets-divorce-140600532.html
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