The issue of pet custody is a delicate and complex one
On behalf of Stange Law Firm, PC posted in Divorce on Wednesday, June 15, 2016.
Some married couples never have kids. There are many reasons that a couple may make this decision, and some of these couples may decide to get a pet instead — or they may already have a pet before making their decision. They love their pet as if it were a child, training their pet and loving it as a family member. It is not surprising, then, that should a divorce occur, the pet owners are left worrying what will happen to their dog, cat or other animal.
Pet custody is a complex issue in divorce because in many cases, the pet is treated as a piece of property. In such cases, the spouses have to make a difficult case that proves why that “piece of property” should belong with them.
However, that is a default stance on pet custody, and thankfully as times have changed, family courts are changing with them. Pet custody is usually something that can be worked out prior to going before a judge. Even if it does go before a judge, many judges are aware of the emotions involved when it comes to a pet.
One thing to realize is that if you have kids and a pet, a judge is likely to keep the pet with the child, whether your son or daughter may go. Ultimately though, you and your spouse can work on the pet custody problem to achieve a customized plan that allows for shared custody. In order to ensure that is done successfully and compliantly, you should consult with an attorney — and in the state of Illinois, the Stange Law Firm has the experience necessary to help pet owners going through with divorce.
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