The Growing Trend of Pet Custody Disputes
Questions around who will keep the family cats or dogs can be difficult. Many find it to be a heart-wrenching decision. Pet custody disputes are becoming an increasingly common issue in divorces, especially as pets are more often seen as members of the family. Talk to a Bucks County family attorney to explore resolutions to your specific situation.
How Pennsylvania Courts Compare to New Jersey Courts
In Pennsylvania, pets are legally viewed as property. This means that in a divorce, pets are treated much like other possessions, such as cars or furniture, and are subject to equitable distribution. Equitable distribution means that property is divided fairly but not necessarily equally between the spouses. As difficult as it is for pet owners to hear, the courts do not yet view pets the same way they view children in custody arrangements.
But while Pennsylvania still views pets as property, some states are beginning to shift their perspectives on pet custody disputes. For example, New Jersey has started to take a more progressive stance on pets in divorce. Courts in New Jersey may consider the well-being of the pet, which is more similar to child custody decisions. This means that New Jersey courts may factor in which spouse is the primary caregiver or who can provide a better home, rather than simply treating the pet as property to be divided.
Although Pennsylvania hasn’t made this leap yet, trends in other states show that there’s a possibility for future change in how pets are viewed in divorce cases in the Keystone State. Because while Pennsylvania law treats pets as property, it doesn’t mean that the emotional bond between a person and their pet is entirely ignored. Courts have been known to consider factors like who the pet is more attached to, especially in cases where both parties feel strongly about keeping the animal.
Lawyers Can Negotiate Agreements
As soon as you share your hopes for your pets with a Bucks County family attorney, they can begin the process of including pets in your divorce agreement. They will likely talk to you about who primarily cares for the pet, who pays for their needs, and how visitation might work if shared ownership is an option.
In cases where the court treats pets as property, showing evidence is part of the process. Your lawyer can help you document vet visits, payment records, and any other proof that demonstrates your role as the primary caregiver. It’s important to recognize that while Pennsylvania law treats pets as property, there are still legal strategies that may help you retain custody of your beloved animal.
Could a lawyer assist you in connecting with the pet agreement you desire for your beloved dogs and cats? It is stressful to be exiting a union and facing a pet custody battle, but the knowledgeable legal team at Kevin L. Hand, P.C. is available to help you navigate this emotional and legal challenge with care and compassion. Call 215-968-6602 for a confidential consultation.
