Pet Custody in Divorce: Who gets the dog?
Does Georgia allow pet custody in divorce? Not really. Dogs, cats, and other pets are legally treated as marital property and are generally subject to an equitable division of property. (Read more about equitable division.) That means the dogs and the dishes all get divided up together.
Pet Custody in Divorce
Sutter, one of Tracy’s family dogs.
To the dog lovers among us, treating the family pet the same as an old couch is hard to understand. Truthfully, Rhodes Law has never taken a case all the way to trial where possession of the family pets was still a contested issue. But, we have settled lots of cases where pets were a key term in the negotiations. “Pet custody” is a really good issue to settle in your divorce case because it’s not really an issue you want a judge or jury deciding for you. Not all people are pet people. We may not understand them, but they are out there. And, they do not understand your undying affection for your grumpy cat.
Things to Think About
Most couples really do not argue over the pet custody in a divorce case. Most often, it’s obvious which party really wants and needs to keep them. But, when you can’t decide, consider these factors:
- Pets’ relationships to any children in the family
- Pets’ relationships to other pets in the family (Can you separate two best friends?)
- Suitability of each spouse’s home following the divorce. Big dogs and apartments can be difficult.
- Whether either spouse owned one of the pets prior to the marriage
- Which spouse has typically shouldered more of the pet care burden (grooming, feeding, veterinary, exercise)
- Ability of either spouse to financially support pets following divorce
To read more about this issue, check out this article.
Bottom line, you’re going to face many, many decisions and considerations in your divorce, including the family pets. And, like so many other issues, our emotions are all tied up in the issue as well. It’s not always easy to know the best right thing to do. At Rhodes Law, however, we are always going to be on the side of helping our clients what’s right, kind, and fair when it comes to pets and divorce.