Can a Child Custody Agreement Include Pets?

With over 45% of the population of UK owning a pet, a lot of couples going through a separation have more than just the custody of their child to consider.

For most of us, our pets are part of our family, and losing a pet can be just as painful and traumatic as losing any other family member.

With things to consider like house and assets settlements on top of the emotional upheaval of getting your family broken apart, who gets the custody of the pet can sometimes take a backseat to more apparently pressing concerns.

However, it is more commonly noticed that in couples who do not have children, who gets custody of the dog is the primary concern for separating couples.

But what if you have both children and pets? Can winning a child custody case also automatically mean you get custody over the pet as well? After all, your pet too is like your child, isn’t he? Let’s answer this question here:

No, Child Custody and Pet Custody are not the same thing

In the UK, pets are mostly considered assets like your car or TV. This means that under the law, they are treated like property and the same laws that apply to other assets apply to your pets as well. This means that the same considerations do not come into place as when fighting over custody of children.

What do the courts take into consideration?

The welfare of the pets comes secondary to the consideration of who actually adopted the animal in the first place.

The first element that is taken into consideration is whose money was used to acquire the pet in the first place. However, this can often end in dispute as most married couples buy or adopt their pets as a unit, rather than as individuals.

How do courts decide who gets primary care?

In such cases, the one who was the primary caregiver for the pet has higher chances of getting custody of the animal. But even here, many responsibilities are shared. So what now?

The final thing that courts may consider would be your finances. Are you financially able to take care of a pet post-divorce? Do you have the necessary requirements—such as open space for the animal, money to spend on its care, or even time to properly care for them—to house the animal?

Answering these questions on your own could help you save hundreds of thousands of dollars on legal battles and help you reach a cordial agreement with your partner or spouse.

Is it possible to co-parent the pet?

Like with children, it is entirely possible to have joint ownership of any and all pets you may have. Map out a plan with your spouse about the costs and care of the animal and make sure both of you follow it to avoid any nasty legal battles in the future.

Seeking Custody of your Pet after a Divorce or Separation?

Find out more about the laws and regulations surrounding pet custody after getting a legal separation in the UK with Wembley Solicitors, your leading Middlesex family solicitors.