Who gets to keep the cat? - Divorces and Pet Custody - Jonathan M. Stanley
For many families, a pet may be loved like a child or a sibling. However, Ohio divorce law does not provide for any specific protections for that pet. Your beloved cat, dog, or parakeet may be treated by a Judge the same way as a couch, lawn mower, or any other property to be divided up at the end of a marriage. Ohio does not recognize custody when it comes to pets and Courts will not award visitation to the spouse who is not awarded the pet. However, there are ways to ensure that you do not end up losing your beloved pet.
Pre-Marital Property -
In a divorce, the Court will make decisions regarding how to divide up property and debts that were acquired during the marriage. If one spouse had property prior to the marriage, that property belongs to that spouse and will not be subject to division. However, it is the responsibility of the spouse claiming that the property existed before the marriage to show evidence that supports that claim. In the case of a pet, this evidence may be receipts for the purchase of the pet, receipts for pet related expenses, vet bills, etc. Be sure to start collecting this evidence as soon as possible if you believe there could be an argument regarding ownership of the pet.
Prenuptial Agreement -
If you do own a pet and you are planning on getting married, the best way to ensure that you will retain ownership will be to execute a prenuptial agreement. These agreements are drafted and signed prior to the marriage. They can lay out who will retain ownership of property in the event of a divorce. These agreements will be the best evidence of the spouses’ intent and a Court is likely to enforce them.
Property division and possible factors -
Even if a Judge is forced to make a decision regarding who will retain a pet, Judges are given broad discretion in the types of information they can consider when making that decision. Just because Ohio law treats pets like property does not mean that the Judge will simply flip a coin to decide who keeps the pet. The following are some of the factors that a Judge may consider when making their decision:
Which spouse pays for the animal’s food and care.
Who adopted the pet, or bought the pet?
Is one spouse a registered owner or breeder?
Will one spouse have the majority of parenting time with the children? Have the children developed a strong bond with the pet?
Who regularly interacts with the animal, plays with them, or walks them?
Who was responsible for the animal’s training and veterinary appointments?
Does one spouse have a schedule which is more beneficial to pet ownership?
Agreement Between the Parties -
As stated earlier, a Court is unlikely to create a “visitation” schedule for a pet. However, that does not mean that you and your spouse cannot agree on a schedule for spending time with the pet. Our office has helped numerous couples draft up agreed schedules so that both spouses can continue to spend time with a pet.
Ownership of a pet can become a contentious subject when you are going through a divorce. Some Parties will even act in bad faith and attempt to use the pet as a bargaining chip in order to pressure their spouse into an agreement. An experienced attorney can help make sure that you are not separated from your beloved pet as part of a contested divorce. Please contact our office if you are looking to get more information on how Ohio divorce laws may apply to your specific situation.
- Jonathan M. Stanley, Esq.