As the rates of divorce in Alabama around the county skyrocket, more couples are taking their disputes over pet custody to the court room.
In the eyes of the law, pets are considered property. However, as more couples take their pet custody cases to the courtroom, including in the Yellowhammer State, more judges are treating these cases like child custody cases.
“Pets, as a legal matter, are treated as an asset,” explained said Andrea Berkowitz, a family law attorney and partner with Berman Bottger Newman and Schein LLPs. “However, while I think they were once treated as, ‘I get the kitchen table, you get the couch, you get the dog, you get this chest of drawers,’ courts are now looking at where dogs and cats go, based on a variety of factors that you would look at as if you were determining custody of children, which is very interesting.”
Nowadays, Berkowitz said, judges are looking at which party was the primary caretaker of the pet. This is the person who fed the animal in question, took the pet to the vet, walked the pet and had the overall most responsibly for the animal.
Judges will also look at if there are any children of the marriage. If a child is attached to the dog or cat in question, the judge will likely choose the parent who has custody of the child to also take the animal, Berkowitz explained.
“A court will look at the best interest of the pet, who has taken care of the pet and who's been primarily responsible for the pet. Then, they take into account whether or not there are children of the marriage and which party is taking the children, and if the children have a bond with the pet,” she said. “If the children are primarily going to be with ‘Parent A,’ then perhaps the pet should be with that parent for the wellbeing of the children as well as for the wellbeing of the pet.”
The rise of pet custody cases can be attributed to the fall of the traditional nuclear family. More couples are opting to not have children and to have pets instead. There is also a rise in single parent households.
Berkowitz said the higher rate of pet custody cases can also come from a need for emotional support during a trying time in a person’s life.
“People are attached to their pets, especially in a divorce. When people are going through an emotionally trying time, a lot of people view their pets as source of comfort, and so I think that they want to have their pets with them as much as possible,” she said
As for advice for those seeking to obtain custody of a pet during a divorce, Berkowitz offered the following tips to Alabama Public Radio:
· If you are the primary caretaker of a pet or pets, my advice is to keep logs of everything you do for them on a daily basis. When the judge is faced with having to make a decision, evidence of your involvement in vet visits, shopping for pricey pet food, day-to-day management, and setting up play dates with other pups will definitely help your case.
· Ultimately, you need to be able to show a court that you are and have been during the marriage the primary caretaker for the pet.
· Keep a journal of the times you take the dog to the vet and a detailed list of what you do to care for your pet. You need to be able to show the judge that your beloved pup will thrive best in your care.
· Courts do not have an apparatus to measure your love for your pets, but if you are putting time and energy into making sure they are healthy, happy and well-fed, this will speak volumes, and the court will take notice.
