Pets in a Divorce: Who Gets Them?

woman with her dog

Pet owners usually consider their dogs, cats, or any other kind of pet as children. The years they’ve spent together has bonded them together intimately. When something gets in the way of that bond, it will become difficult for the owner. Divorce can become quite messy even over pets. You love your pets to death and you will naturally want to keep them, but how will the process work?

Pets Are Property

Ask lawyers here in Townsville and they will explain that pets have no rights as actual children. The Family Law Act considers pets simply as property. Divorce courts see pets as another asset that needs to be assigned to one person in a divorcing marriage. In this way, if you want to maintain custody of your pets, you will have to work with your lawyers in Townsville to claim your pets for yourself.

Assessment Determines Who Gets Ownership

When your spouse fights you over your pets, you will have to face a judge or court mediator for assessment. The judge or mediator will then ask the same questions they ask when deciding to whom should a vehicle or any other contested property should go. Important details include who was registered at the Council as the pet owner, whose name is on the microchip record, and so on.

Courts Make Special Decisions

When you have children whom you will have joint custody over with your spouse, the judge or mediator may decide to have the family pet stay with your children between houses. Legally, you and your spouse will not retain any shared care of your pet. It will only be for the best interest of your children that the pet is allowed to travel with them on visits.

You can ask for more help from divorce lawyers regarding your pets if you truly want to keep them. Your lawyers will be able to recommend legal courses that make sure that you gain custody of your dogs, cats, or any other kind of pet.