Animal lovers may be aghast, but warring parents are often so busy fighting over their two legged offspring that the courts simply don't have the time nor inclination to consider the best interest of Sparky.A beloved cat, a pampered pup--who gets Mr. Dribbles when mom and dad are breaking up? Do courts consider the best interest of the pet (or the owner) when making that call?
In some families pets are treated as children. Particularly when the couple has not conceived or adopted their own.
Not in divorce court. Michigan judges are required to treat pets as personal property. Like the coffee table.
Reasonable couples may agree among themselves to share custody of a pet.
The courts cannot order puppy visitation, but some divorce decrees do contain voluntary provisions--which may be enforceable.
If Sir Grand Rudolph III is a highly decorated show dog, the court might consider an appraisal by a valuation expert when awarding the little champ to either party--but it's a balance sheet item, not an emotional determination. Same goes for farm animals. God's creatures are not treated the same as humans by the court--no matter their place in the household.
What if Chip's strongly attached to his beloved lemur Lexx? Does the court consider this relationship in deciding which parent will house Lexx? Not officially, but in some families, the pet may travel back and forth with the child. This makes sense particularly if the child is responsible for the care of the pet, or the parent who does not have custody at that time works extended hours during her noncustodial time. How about his and her pets? Animals chose their person, so what happens when their persons no longer chose each other? Should they be split up? The couple should consider the impact of separating their pets. Will the fur kids get lonely without each other?
What will the new living arrangements be for the divided family? Will there be a yard? Will one spouse be working long hours? Travelling? The best advice is to never leave this decision to the court's discretion. It's not that the judge doesn't care, but she cannot, under the law, consider the welfare of your pet.
Show compassion when making this call. Don't use the poor dog as a bargaining chip, and don't be cruel.
Buddy just wants his pack back.
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