Thursday, August 14, 2014

AFTER ST. PAUL DIVORCE, WHO KEEPS THE PETS?

On behalf of Askvig & Johnson, PLLP

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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