It is common knowledge that when a couple gets a divorce they will likely have to come up with a child custody plan. It is important to agree on who will have primary custody, when the other parent will see their child, how each parent can financially contribute to their child, etc. However, if you are getting divorced and you and your spouse have a family pet, you may want to figure those same things out for your animal. A pet custody plan can be a beneficial tool for couples who are splitting up and have one or more family pets.
In most cases, both spouses will have an emotional attachment to their pet and consider them family. If neither spouse is willing to give up their relationship with their furry friend, a pet custody plan can be drafted to ease the transition. Contact a Farmington Hills divorce lawyer to discuss the details of your divorce and pet custody plan.
How is Pet Custody Determined?
According to Michigan state law, pets are regarded as personal property, meaning they are subject to asset distribution. A judge will simply award either spouse ownership over the animal. However, if both spouses wish to maintain a relationship with the pet, it is possible to come to an agreement on shared custody.
If you and your spouse can agree to the terms on your own, you can draft a plan and have it notarized. If you are having trouble settling on certain details, a neutral mediator can help. You may decide on custody based on who actually obtained the pet, if one spouse had them before the marriage, who the primary caretaker has been historically, etc. You may also mimic your child custody agreement, if you have one, and simply agree to switch off custody of the pet each time you exchange your children.
The good thing about Michigan courts not recognizing pet custody is that the agreement you come to will be highly personalized to your family’s needs.
What is Included in the Arrangement?
Your pet custody plan should address a wide array of topics to avoid issues or disputes down the road. Because many people consider their pets to be their children, you will want to cover everything that a child custody plan includes. The following are some general subjects that are important to cover when creating your pet custody arrangement.
- Which spouse will be the primary owner
- The pet’s living arrangements, i.e when they will live with one spouse and when, if at all, they will spend time at the other spouse’s home
- Visitation rights for the noncustodial spouse
- The pet’s agreed-upon feeding schedule, walking schedule, care schedule, etc.
- How the costs of daycare or walking services will be split
- How the costs of veterinary care will be split
- If one or both spouses will have the right to make decisions regarding the pet’s medical care
It may seem excessive to some people to go to these lengths for a pet. But your pet is part of your family, so ensuring that you and your ex have a clear understanding of the pet custody arrangement will be in the best interest of your family and your animal.