Ask a Divorce Attorney in Hackensack, NJ: Who Gets the Dog?
When
seeking a divorce, a couple puts all issues surrounding their marriage on the
table. To reach a divorce settlement, both spouses must reach a consensus on
division of assets and debts, spousal support, child custody, and child support
or let the courts make the determination for them. Couples also must decide who
gets to keep the family pet. So, what happens to Fide, Rex, or Spot in the
event of a divorce?
New
Jersey Pet Custody Laws
Pet
custody rules vary by state. In New Jersey, pets are considered personal
property, like jewelry or the flat-screen tv. Like other personal property,
during a divorce the spouses also determine who will get to keep the family
pet. If they can not agree amongst themselves, a judge will decide for them.
Keep in mind, there is no such law as the pet custody law in New Jersey. The
law in place governs the division of personal property. Since pets are
considered personal property in New Jersey, to determine who gets “custody” of
your pet the judge would apply the state’s division of personal property rules.
Factors Considered by the Court When Granting Pet Custody
If you and
your spouse can not agree on who will care for the family pet post-divorce, a
judge will consider the following factors:
● When did the pet come into the
family? (Before the couple married or after the couple married)
● Who is the primary caregiver?
(factors like walking the dog, keeping the dog groomed, taking the dog to the
veterinarian, etc.)
● Was the pet a gift to one of the
spouses or to the child of the marriage? (Is the pet mine, ours, or theirs?)
● Do your children have a relationship
with the pet? (Who will the children reside with primarily after the divorce?)
It is
important to gather evidence or proof to support your case for ownership of the
family pet. Also keep in mind that your children will receive the highest
consideration from the court. If your children have an emotional relationship
with the family pet, the primary custodial parent will most likely be awarded
pet custody in the “best interest of the children,” which is the standard
applied in New Jersey when child custody determinations are made.
Hire a Divorce Attorney
in Hackensack, NJ
Seek an amicable resolution to the issue of who will
keep the family pet following a divorce. Factors like who has the stronger bond
with the pet, who has the primary responsibility to care for the pet, and how
your children will feel about being separated from the pet should all be
considered.
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