PET CUSTODY IN DIVORCE

Unfortunately, the law considers pets to be personal property. So no, pet custody is not legally "a thing". In the eyes of the law, they are equivalent to any tangible property like jewelry, a car, or furniture. We know this is not the case, but it’s what we have to work with. 

When a couple does not agree on ownership of the pet following a divorce, dispute arises. If this is the case and your spouse plans to fight for ownership, you should too.

The court will look at several factors in determining who will keep the pet. Since Colorado is an equitable distribution state, the court will try to split assets fairly. The division of all assets will be based on the length of marriage, the distribution of other property, contributions in the marriage, and several other considerations. 

In order to prove that you deserve ownership, your lawyer must be able to prove that you have contributed more towards your pet. They must also convince the court that you are better suited to care for this animal. This might be that you have more free time to spend with the animal. If your spouse spends a vast majority of the day at work, we can use this to our advantage.

Judges will also consider who was the main caretaker for the pet. This means who was most responsible for cleaning, feeding, or walking the pet. They will also take into account who had the most responsibility in the animal’s health and wellbeing. Like who took them to veterinarian appointments, for example. 

If there is any evidence of neglect or abuse from one party, this will play a huge role in who gains ownership of the pet.

Just as you would need an attorney to fight for custody of your child, you want one to fight for your pet as well. If you and your spouse cannot meet in the middle in a personal joint-custody agreement, then you need a lawyer’s help.