The family dog is no longer just an animal used for protection or company. Many Massachusetts families view their dogs as members of the family. This makes deciding what happens to them in the event of a divorce a sometimes heart-wrenching choice, especially if a couple relies on the court to make the decisions.
Only one state has changed legislation to allow for pet custody hearings, and it is not Massachusetts. This state and 48 others continue to view pets as property when it comes to divorce proceedings. This means that the courts will not be designing custody and visitation schedules for the family dog.
Courts may consider who spends the most time caring for the animal and providing for its needs such as food, veterinary care and more. A court may also award the family dog to the parent who receives the lion’s share of parenting time. Outside of these considerations, it would be up to the couple to determine an arrangement with which they could both live. Even so, it may be a good idea to consider the impact that any decisions will have on the family pet since they experience anxiety, fear and confusion just as children do under the same circumstances.
Figuring out what happens to the family dog in a divorce is not an easy task. Each party may be emotionally attached. One party may attempt to use the animal as a bargaining chip with the other. Regardless, there is a living, breathing animal in the middle of the dispute. If possible, it may be a good idea to sit down and come to an amicable and realistic arrangement that benefits everyone involved, including the family pet.
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