If me and my wife divorse, do we have to fight in court for cutody of our dog?
WHO GETS FLUFFY? DIVISION OF PETS IN DIVORCE CASES
http://www.divorcesource.com/research/dl/pets/99jun113.shtml
I actually did end up fighting for custody of a dog once. We were ordered joint custody but not like it is with kids. Instead we were supposed to switch off the dog every couple of weeks, he was responsible for vaccinations and I was responsible for other vet care.
The fight and the orders worked out just about as well as you would expect. It was ridiculous and should never have gone that far; the EX never picked up the dog for his visitation, and I ended up moving away (with the dog) and not giving him my address.
If you and your wife divorce I hope you can work out who keeps the puppy without taking it to that level.
My brother shares two dogs with his ex. He gets them on weekends.
If I just take the dog from her and move out, am I committing a crime?
Do they consider who had the dog first? If I had a dog for six years, got married for 2, and the ex tried to grab the dog, I’d be upset.
I understand if a couple gets a dog together both parties need to work something out in a divorce. That’s only fair.
This might be “legal advice” but I do not intend it to be, so consult a lawyer and assume that I am wrong.
That said, I don’t believe you would be committing a crime. In my experience only, the dog was viewed as marital property* and each of were considered legal owners equally.
Absent of a separation or divorce agreement (or orders) you are free to do with marital property whatever your state laws allow. In my case, we could do whatever we wished with marital property (before the orders) as long as we did not destroy it, remove it from the jurisdiction of the court or keep it from the other party upon court ruling (it had to be available to give back if the judge said so).
*marital property despite that this was a break up and not a divorce, we were not married at the time.
I believe courts would treat the dog as property, so the property laws of your state would dictate that.
If I were to find myself in such a situation, I think we’re both agreed that I’d keep the dog. While she loves him, she’s not able to provide for his exercise needs the way I am (and he’s a border collie and needs that exercise). Leaving him with her would be very unfair on the poor dog.
He’s very much my dog anyway, because I work from home and so spend all day every day with him.
I’m not anticipating the situation ever arising, though!
The pound?
If you got the dog during the marriage, it’s marital property. You each have a claim to the dog. But consider this: how would you feel if she did that to you? Be an adult.
Another thought: lawyers do not mind getting paid because people cannot agree.
I am a lawyer, but not your lawyer. I am probably not licensed to practice in your state, whatever that is. This is not legal advice, just an anonymous message board and I could be lying anyway. Conduct yourself accordingly.
Of course if one decides to “off” the dog to get even with the other, I imagine the repercussions would be minimal as long as the animal was not tortured.
The world is full of @$$h**es and divorces often get nasty.