Pet Custody in Divorce
I knew that my marriage was over and amidst all the uncertainties surrounding parenting, legal matters, and finances, the fate of my pets, Simone and Blue, was a constant worry. They weren't just pets but members of our family, which made the question of who would end up with them a consuming thought. Although my ex had a soft spot for Blue, I had been his primary caregiver, which made the idea of shared custody difficult. Unfortunately, giving up pets during divorce is not uncommon, and I have known friends who have had to make that heartbreaking decision. Pets and divorce are becoming all too common, and it is a situation that many people can relate to.
The divorce rates in North America are remarkably high, with approximately 50% of marriages ending in divorce, and the average length of a marriage is 8 years. In contrast, pets like cats and dogs can live significantly longer, with an average lifespan of 15 years for cats and a range of 7 to 16 years for dogs, depending on their size. For many couples, pets play an essential role in their lives together, especially for those who begin their family journey by getting a pet before having children. This is a trend that I have seen in many couples, including when I got married. Therefore, when a couple decides to divorce, the issue of pet custody can become an emotional and challenging experience.
Interestingly, we are hearing more about this because, according to a recent survey by the American Academy of Matrimonial Lawyers, over a quarter of respondents reported an increase in disputes over pet ownership and care in the past five years. That's right, more than 1 in 4 divorce cases now involves a heated battle over who gets the family pet. With the majority of North American households owning a cat or dog - around 58% in Canada and 67% in the USA - it's no surprise that pets are often viewed as cherished members of the family. People express deep emotional connections with their furry companions, making the fate of the family pet a highly charged and emotional issue. As couples navigate the difficult process of separating their lives, the question of who will keep the beloved pet can quickly become a contentious issue, with both parties fighting over who gets to keep the pet.
It is increasingly evident that our relationships with pets have undergone significant changes in recent decades. Unlike in the past, people no longer view their pets as mere property that can be easily divided or valued like material possessions. Although some progress has been made in family court systems to recognize pets as an integral part of families, there is still a long way to go."
The Current Legal Status of Pets in North America
Pets, for the most part, are still considered property meaning in legal terms they are of the same value as the pictures on your wall, your bike, or the fridge in your kitchen. Unfortunately, our legal systems at large still view animals as commodities that can be bought, sold, or even traded. It is an outdated perspective that fails to recognize that pets matter much more than our material objects and are considered family members by many.
There is hope, as several provinces and states, such as British Columbia, Alberta, Alaska, California, Maine, and New York, have taken steps toward recognizing the significance of pets in family structures. Judges in these jurisdictions now have the authority to consider the well-being of the pet when making decisions about custody in divorce cases. This approach acknowledges that pets have emotional and practical value beyond their financial worth and may take into account factors such as the primary caregiver, the financial capability to provide for the pet's needs, and the emotional bond between the pet and each owner.
It is important that other provinces and states update their laws regarding our pets to reflect our true feelings towards them. It would be beneficial to have more guidance in the family law system for those who are divorcing or separating and have pets. For some, it can be very challenging to determine who has the right to claim ownership of a pet. Given the emotional attachment we develop with our pets, it is only reasonable to acknowledge the significant role they play in our lives, and therefore the importance of a fair and just resolution in such cases. It is clear that our pets are not mere commodities and their value extend far beyond their material worth, making the decision of pet ownership a complex one that requires thoughtful attention.
I have been reading a lot lately about the increasing number of pet custody cases in divorce proceedings. Some of these cases are becoming quite contentious and expensive. Since there are no clear legal guidelines for pet custody in most of North America, it is best to try to negotiate with your ex to come up with an agreement about your pets.
There has been some attention given to pet nuptials, like the one from the SPCA in Montreal, Canada, which can help to start conversations about divorce and pets. When I went through my divorce, I had no idea about the issues surrounding the custody of our family pets. I did not consider that my cat Simone and my dog Blue could potentially become a point of conflict. My lawyer did not bring this issue to my attention either, and it was not something that I had considered beforehand.
Fortunately, I was lucky in one sense, as my ex moved into a condo and we moved into a house with a yard. It was automatically assumed that it was in the best interest of Blue and Simone to stay with me and the children.
Today, there are more and more people who choose not to have children and instead view their pets as integral members of their families. It is clear that the government needs to catch up to these changing attitudes. There is a growing need for legislation and guidelines that take into account the importance of pets in people's lives and provide a framework for resolving custody disputes fairly and equitably.
It is time for the government to recognize that for many North Americans, pets are not just animals but cherished companions and beloved family members
