For many couples, worrying about who will get custody over the family pet is just as important as worrying about custody of the children. This is because pets are like family for many people. Although pets are treated like personal property under the eyes of the law in California, they shouldn’t be treated like just any other piece of personal property (like a piece of furniture) after the divorce is finalized and custody of the pet is determined. If your divorce results in joint custody of your family pet, it is important that you put the same time and effort into co-parenting your pet as you would for your children.
The first step of co-parenting is to have a clear custody plan in place. If your divorce judgment states that you and your ex shall share joint custody but does not outline a specify custody arrangement, it is important to quickly put one in place. Many of the same principals used for custody/visitation of children can be applied to sharing custody of a pet. If you have children and are sharing joint custody of the children as well, then perhaps the pet can go to the other parent at the same day/time that the children are exchanged. The important thing to remember is that routine and consistency is vital. Just like children, changing a pet’s living situation can cause a lot of stress and trauma to the pet, which can result in an array of behavior issues. Thus, once a custody arrangement is agreed upon, it is important that both “parents” stick to it.
In addition to divvying up custody and visitation of your pet, co-parenting requires cooperation in a variety of other aspects: food, grooming, medical care, expenses etc. With regard to the pet’s food, you should work with your ex to choose the same brand of food for each household. As far as grooming, it is suggested that you and your ex decide to keep your pet groomed in a standard way or at least have a selection of acceptable “looks” so that there is less room for conflict when it comes to grooming day.
A big aspect of pet co-parenting is dealing with the sharing of costs related to the pet. Costs may include medical care, daycare, training, toys, travel, or accessories. You should divide the pet related costs into two categories, one for basic costs and another for extraordinary costs. Typically basic costs are covered by the “parent” who has custody of the pet at the time. Bigger purchases for your pet may require a more detailed agreement. For instance, you might want to base the payment division on each parent’s income level, percentage of custody, or simply cap one parent’s contribution and agree that the other parent will cover costs outside that cap.
Another hot topic of pet co-parenting involves medical treatment. First there needs to be an agreement, ahead of time, not only as to who will pay for medical treatment, but how far to go with treatment, compliance with the medication plan, and potential changes in custody/visitation due to the pet’s recovery time. Properly co-parenting your pet can help ensure your animal companion’s happiness and well-being. Although it may be difficult to not always have your pet in your custody, try to remember that your pet will benefit by having the love of both “parents” in its life.
If you anticipate a legal pet custody battle as a result of a divorce, it is important to know that a lawyer can help you understand the process accurately. Our team can provide you with the caring and outstanding legal counsel you need and deserve. If you would like to discuss your rights under California’s custody laws, we encourage you to contact us as soon as possible. Nancy J. Bickford, a Certified Family Law Specialist (CFLS), is also a licensed Certified Public Accountant (CPA) with a Master of Business Administration (MBA). Please call 858-793-8884 to understand how she can help your child custody battle begin and end with you keeping your kids where they belong: With you.