When
couples divorce in Minnesota, there are many things that are divided. From
property, finances and assets to child custody and parenting time, many things
that had been shared together must be divvyed up. And in St. Paul and
elsewhere, another family law issue
that is becoming more and more common is deciding what will happen to the pets.
Pet
custody cases have increased throughout the country in recent years. And, while
many Minnesotans consider their furry friends as kin, under state law, pets are
considered only as property. In fact, pets are considered as property in
every state in the country.
Traditionally,
they are divided as such in divorce cases, but judges have taken note that as
of late more and more people would like their pets considered almost like
children in divorce court. As such, many Minnesotans like to work out a pet
custody agreement during divorce.
There
are no guidelines for judges to use specifically regarding pet ownership, but
when children are involved in the divorce many judges try to keep the pets with
the children. But, because there are no pet custody laws on the books, many
Twin Cities residents work out pet parenting plan agreements on their own and
with the assistance of their attorneys.
In
addition to custody and visitation, there are many other issues that can be
involved in a pet custody agreement. These include residential and holiday
schedules, travel arrangements, veterinary care, grooming, costs and
end-of-life decisions.
Some
believe that eventually there will be statutes to provide judges guidelines for
pet decisions, similar to those that exist with children. Several states are
currently looking into legislation to protect pets in cases of domestic
violence restraining orders which could make way for further pet legislation in
other legal areas.
Source: Huffington
Post, "Pet Custody Cases Increasing, Divorce Lawyers Say,"
Sue Manning, Feb. 28, 2012
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