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Pets and Divorce: Contact Schedule or Personal Property?
It’s 6:00 and my humans will be home ANY MINUTE! They’ll give me love, they’ll feed me and take me on a walk, and then I’ll get to cuddle up beside them and settle in for a nice relaxing night. Yup, I’m a very loved fur-baby whose mom and dad think I hung the moon! What a life! Except lately, my humans have been arguing a lot. I’m pretty sure they’re not mad at me, but when I hear their voices raising, I really worry. What could be so awful that they keep yelling at each other? I know, I’ll distract them. Hey, guys! Look at me! I’m wagging my tail and smiling! Look at me! I’m giving you that look. The cute puppy dog look. It works every time. Wait, what? You’re still arguing. But your hearts should be busy melting; you shouldn’t be fighting any more. I always help the anger go away! Except this time it hasn’t. My humans keep fighting every night, and even on the weekends. They don’t really take me on walks that much anymore. And when we do go on a walk, it’s never all three of us, and they’re definitely not as long as they used to be. I’m sad. I’m confused. My world is changing!
Have you ever stopped to think of the impact divorce may have on our beloved pets? In most states, including Florida, pets are considered personal property. As such, the courts do not address timesharing or other special arrangements to ensure our pet’s needs and emotional well-being are met. Not surprising, however, is the fact that many couples and families, do need help and guidance in ensuring minimal impact a divorce may have on their pets. One alternative we see from time to time is that the pets are awarded to the parties’ minor children. In other words, they go back and forth between houses, on the same schedules as the minor children. This arrangement can work well in a situation wherein both families communicate effectively and accommodate the needs of their beloved pets. In instances where the parties do not, or cannot, work together, what can be done? Although comical on the surface, we’ve all seen movies or TV shows where the parties each stand at opposite ends of the courtroom and whomever the dog goes to gets to keep the pet. We’ve actually been witness to this event being ordered in a case we handled, but at the end of the day, the comedy just doesn’t exist. It’s simply heartbreaking. Unfortunately, however, the courts are inundated with issues involving minor children, support, division of assets and other issues that they simply cannot dedicate their time to hear issues related to pets and if Florida, that simply isn’t the law as pets are considered personal property.
Our fur/feather/scaled/animal-babies bring us so much love and joy that it is nearly impossible for some to see them as anything less than family. Have you been involved in a divorce or separation that included a pet? What would you do if you or someone you know was struggling to find a voice for your beloved pet? Handling the future of a pet is generally better negotiated, than left a risk to the decision of the court.
