When you think about divorce, one of the first things you think about is child custody. However, what you may not think 
about is that pets become like family members, both parties may be extremely attached to that pet, and the parties may not be able to agree as to what is going to happen with the pet.
You may be expecting that the court will make the decision allowing for some kind of shared custody or visitation rights. However, the truth is judges have “no authority” over shared pets during a divorce proceeding.
Whether you agree with the concept or not, pets are considered as property by the courts, just like a piece of furniture. The judge will award custody of the pet to one party or the other, and the basis for the award will depend upon the circumstances in the case.
The sole statutory definition of a “pet owner” could be defined using the Animal Control Act. Under this legislation, an “owner” is defined as “any person having a right of property in an animal, or one who keeps or harbors an animal, has it in his or her care, or acts as its custodian.”
As society moves from viewing pets as “property” and begins to view them more and more as family, there will likely be more instances of couples arguing over the “custody” of their beloved family pets. While it is possible for legislation to change with the times, the current laws stand that when a marriage ends, the court has no legal authority to award “custody” of pets.
Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.
For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.