Pet Custody -- When Pet Owners Divorce

We may not think of it much, but what happens to pets when their owners divorce? Laura Vogel tells this tale of a pet custody battle.

In 2000, my boyfriend of seven years and I made three monumental, life-altering decisions: We got married, bought a house, and adopted a five-month-old stray puppy named Daisy.

Guess which of the three -- husband, house, hound -- are still mine?

With couples delaying child-bearing, and divorce rates holding steady in the U.S., pet custody battles have become the "new children" in divorce courts. Lawyer Peter Mogren of Mogren, Glessner and Roti in Seattle, has dealt with many cases in which pets were subject to custody battles. For those facing a painful breakup, the thorny decision about who gets custody of an animal beloved by both is gut-wrenching, though the courts still adjudicate the pet custody in the same manner as a house, car or piece of furniture, say Mogren.

"All 50 states have different laws," Mogren explained to Paw Nation. "Here in Washington State, pets are dealt with as property. The law is changing to realize the emotional ramifications and relationships people have with their animals, but the courts are pretty straightforward: Who bought the pet? Who fed, walked and shampooed the pet? If the pet is a purebred, whose name is on the papers? Though the law is fairly clear, through mediation, parties often work out visitation arrangements that are less cut-and-dried."

"In the vast majority of cases, one 'parent' gets full custody, and sometimes, in exchange for visitation, one party will contribute to the pet's upkeep--food, vet bills and the like," says Mogren.

When asked if he sees clients dealing with their pets as children, Mogren readily agrees, but notes that battles generally occur between parties without offspring. "All of the cases where there have been custody battles, the couples have no children, are in their late thirties or early forties," he says. "Their pets mean everything to them."

For pet-owning couples facing divorce, it's important to remember that each state's laws in regard to pet custody vary. To know your rights, consult with a lawyer who has experience in pet-custody cases or conduct research at a local library or at legal Web sites like Nolo.

Tags: divorce, divorce and pets, DivorceAndPets, pet custody, PetCustody