What About the Pets?

What About the Pets?

When a couple decides to split up, one of the many difficult decisions they might face is who gets to keep their pet. Traditionally in Florida, pets are considered property in court cases, which means that judges treat them like any other piece of personal property such as furniture or a car. However, in recent court cases, the Courts are taking a deeper look and considering several factors in determining who gets the pet. For example, who purchased the pet? Who is named as the pet’s owner on registration papers, microchip records, or veterinarian records? Who has taken care of the pet’s day to day care? Did your pet come with a contract from a rescue organization or breeder? Pet issues are different in dissolution of marriage than other civil actions involving animals.

This means that judges have a lot of discretion when it comes to deciding who gets to keep a pet, and their decisions can be unpredictable.

As more people come to see their pets as members of their family, the issue of pet custody is likely to become more important in legal disputes. However, there are still many unanswered questions about how to handle these cases and Florida case law is rapidly evolving on this issue.

In the meantime, if you are going through a breakup and you have a pet, it’s a good idea to talk to a lawyer about your options. A lawyer can help you understand the laws in your state and advise you on how to approach the issue of pet custody. You should discuss this with an attorney who can address the specific issues regarding pet ownership. You do not want your attorney treating your pet the same way as your car. Our office has handled pet litigation and we can advise you on animal ownership issues.

In conclusion, pet custody is a complex and evolving issue in the legal system. While some courts are starting to see pets more like children than property, there is still a lot of variability in how judges approach these cases. If you are going through a breakup and you want advice on how your pet plays into the breakup, it’s important to be aware of your legal options and to seek out professional advice if necessary.

Jennifer A. Patti, Esquire, is an associate at Brodie & Friedman P.A. specializing in marital and family law and appellate family law. She also handles select cases regarding pet ownership disputes.

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