Pet Custody

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Pet Custody:

Pet custody is becoming an increasingly common issue in divorce cases, and it involves determining who will take care of the family pet after the divorce is finalized.  While pets are often considered part of the family, the law treats them as property, which means that they are subject to the same rules as other assets like cars and furniture. 

Court not willing to hear:

In Washington state a lot of courts are not willing to hear arguments about pet custody.  The best course of action is to work with one of our expereinced attornesy to negotiate an agreement with your former spouse outside of court.  This may involve working with a mediator or using collaborative divorce methods to reach an agreement that is in the best interests of both you and your pet.  

What if negotiations fail:

If negotiations fail, you may be able to argue for pet custody during the divorce trial by presenting evidence of your relationship with the pet, your ability to care for the pet, special needs that the pet may have, if you have children and they are bonded to the pet, and if the pet is a service animal or a psychological support animal.  However, it is important to keep in mind that the court will ultimately make a decision based on what it believes is in the best interests of the pet, which may not always align with your wishes.

It is highly recommended that you consult with one of our experienced attorneys to discuss your situation. It is important to note that, unfortunately, the court may not fully recognize the significance of animals in our lives and the relationships we have with them. As a result, it may be challenging to have the court entertain arguments regarding pet custody. This could potentially have an impact on other aspects of your case.

Negotiation and leveraging are crucial components when dealing with such matters, and our experienced and knowledgeable attorneys can guide you through this process. They can assist you in finding the best possible outcome for your situation, considering the specific circumstances and legal framework surrounding pet custody.

Our attorneys are well-versed in navigating these complex issues and can provide the guidance and support necessary to protect your interests. By working together, we can explore negotiation strategies and legal avenues to help achieve a resolution that addresses your concerns and prioritizes the well-being of your beloved pet.

Commonly Asked Questions

Yes, you can include provisions for pet custody in a prenuptial agreement.  This can help ensure that both you and your spouse are clear on who will take care of the pet in the event of a divorce. 

It is possible to negotiate visitation rights with your pet after a divorce.  This may involve setting up a schedule for each spouse to spend time with the pet, or it could involve more flexible arrangments based on the needs of both parties.  This is most likely NOT something the court will rule on if their is a disagreement as to vistiation this is why it is important to consult one of our attorneys. 

Warning: It is highly advisable to seek our attorneys at the earliest stages if you anticipate a divorce or separation that may involve considerations of pet custody. By doing so, we can proactively position ourselves to effectively advocate for your pet’s custody during negotiations. Taking prompt action allows us to gather all the necessary information, understand the specific dynamics of your case, and strategize accordingly. With our expertise in family law and pet custody matters, we can work towards achieving a favorable outcome that prioritizes the well-being and best interests of your beloved pet.

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