May is National Pet Month, when we celebrate the special role pets play in our families and in our hearts.
Divorce is rarely a smooth process, but when children or pets are involved, things can get nasty quickly. While custody arrangements around children often involve splitting time between the two parents, the law does not view pets the same way. As in most states, pets are considered to be personal property in North Carolina. That means that courts will typically not create custody arrangements for shared ownership of the pet but rather include the pet in the same category as assets such as real estate, vehicles, and the like.
To divorcing couples, however, the emotional bond with the pet can make it worthwhile to find a way to retain ownership. We understand that pets are more than just property–they’re part of the family, and they deserve thoughtful consideration during a divorce. That’s why we’d like to take the time to explore the various ways couples can amicably navigate the pet custody process.
How Do Courts Decide Who Keeps the Pet?
Typically, courts will look at several factors to decide who keeps the pet, such as:
- Who paid for the pet?
- Who owned the pet before marriage?
- Who is the pet’s primary caregiver?
- Who is better able to take care of the pet?
The court may decide to award the pet to one spouse in exchange for monetary compensation or a piece of property of similar value from the other spouse.
Tips To Resolve Disputes
Rather than battling it out in court, it’s a good idea to work with your ex-spouse to decide on an arrangement that works for everyone. Here’s how to navigate the process amicably:
- Don’t lead with your emotions. It’s understandable to let your emotions get the best of you when something as important as a pet is involved. However, you’ll want to be respectful and practical during negotiation if you want to achieve a better outcome.
- Put your pet’s needs first. What’s best for you may not be what’s best for your pet. Consider who has more time, space, and ability to care for your pet.
- Consider the children’s needs as well. If you have children, then they likely will be emotionally attached to the pet. If one parent gets the pet full-time, it could influence the amount of time they want to spend with that parent. Consider keeping the pet with the children whenever you transfer custody from one parent to another.
- Involve a mediator. If both sides are unwilling to budge, a mediator can be a helpful tool to find a solution without going to court.
- Talk to your lawyer. It’s always a good idea to consult your attorney about your rights and understanding what your options are if you do bring the pet issue to court.
Whether you end up sharing ownership of the pet or not, be sure to find an agreement that gives your pet the safe, loving home they deserve.