The depiction of family pets on TV and societal perceptions of how pets fit into a person’s life have greatly changed over the past 25 years. Prior to this recent shift, pets were often seen as animals distinct from the family unit, and while they provided companionship and enjoyment to family members, especially children, they were viewed as somewhat expendable. Deciding who gets the family dog in a divorce was not a serious concern for most couple. Pet owners in the U.S. now have a very different relationship with their animals. According to a survey conducted in 2012 by American Veterinary Medical Association, more than 63% of pet owners viewed their pets as members of the family. The results of this survey are well supported, with consumers spending $60 billion in 2015 in pet care costs. Given that people now value their pets much more, if a couple decides to divorce or legally separate, custody issues surrounding the pet are more likely to come up for discussion. The big question in this situation is whether the law has caught up to changes in the way owners treat their pets.
Law’s View on Pets
Currently, no state in the country, including Indiana, has a law that permits courts to decide custody, visitation, or support for pets when the owners decide to get divorced. Instead, pets are viewed as personal property and can be divided by a judge in line with rest of a couple’s assets and liabilities, regardless of personal attachment. Consequently, a judge will not establish or enforce a custody schedule between the owners or order one party to pay the other for costs related to the pet’s care. This means that if the parties cannot agree on how to handle owning and caring for the pet, and put the issue to the judge, the court could award full ownership to one party and completely cut off the ability of the other party to see the animal. However, courts do have the option of dividing control over property between former spouses so that possession of the property, in this case the family pet, is transferred back and forth on a set schedule. Courts are not required to order this type of ownership arrangement, and may be reluctant to do so because it could easily lead to further litigation. Thus, owners should look what options they have outside of court to resolve this issue.
What Pet Owners Can Do
The best option is for the couple to come to a mutual agreement themselves and avoid involvement of the formal legal process. If that is not possible, the parties can negotiate through attorneys to resolve pet custody and support, but this is an expensive and time consuming procedure with no guarantee that a court will enforce it. If the parties leave the decision to the court, one way to bolster a claim for custody is to show on party provided the bulk of the pet care, instigated and arranged obtaining the pet, and expended substantial amounts of money in pet care, if the pet was acquired prior to marriage.
Talk to a Divorce Attorney
Divorce, by its nature, is an emotional event in a person’s life, and facing the potential loss of a beloved pet would certainly add to this turmoil. While a divorce attorney cannot change the law on pet custody in Indiana, he or she can help you find the best possible solution for your family. Attorney Christopher L. Arrington represents clients in and around Indianapolis on a variety of family law matters and can assist you. Contact him to schedule an appointment.