Divorce in the 21st Century and Pet Visitation
Pets typically are considered the equivalent of family members. As a result, when a couple divorces, issues surrounding a pet can be hotly contested. Since the beginning of the 21st century, there have been some changes in the laws in some states designed to recognize the unique role pets play in the lives of individuals from all walks of life. This includes the a expansion of pet visitation.
Pets as Property – Becoming a Thing of the Past
Technically speaking, for many years, pets were considered property items. As property items, they were subject to distribution in divorce cases rather like pieces of furniture.
Ultimately, the real relationship between most people and their pets has impacted divorce laws and proceedings in many jurisdictions across the country. The laws in some states changed to recognize this reality. The practices in courts have adjusted in many other jurisdictions where statutes have remained largely the same.
In this day and age, pets are placed in a category different from property items. Thus, pets are treated today more like family members than home furnishings in many locales.
Pet Custody
Pet custody is possible in many jurisdictions in the United States. Although pet custody does not have the same legal status as child custody, the concepts are similar. It is possible to include a pet custody provision in a divorce settlement agreement or divorce decree in many locations in the United States. Such a provision establishes whether one party will have custody or both parties will share in custody through a specified arrangement.
Pet Visitation
Pet visitation is also a 21st century reality. If one spouse is awarded pet custody, the other spouse may have the ability to exercise what is best described as pet visitation. Pet visitation involves a specific schedule in which the non-custodial pet owner is able to spend time with the companion animal. Oftentimes, this even includes extended visitations with the pet.
Pet Custody and visitation or provisions in divorce decrees are subject to enforcement by the court. In other words, if a person violates a pet custody or visitation provision in a divorce decree, that individual can return to court and seek an order from a judge enforcing the mandate in the marriage dissolution order.
Issues in divorce cases can prove to be complex and emotionally challenging for the spouses. A person planning to divorce typically is best served by retaining the services of an experienced divorce attorney. A divorce lawyer usually will be able to schedule a no-cost, no-obligation initial consultation with a person seeking representation.