Boca Raton Divorce Lawyer

Pet Custody Disputes

Custody issues are almost always controversial, with even experts in the field disagreeing over the kinds of arrangements that work best for children. Recently, however, divorce courts have been facing a whole new challenge in this area: custody battles over pets. For many pet owners, animals are not just possession to be divided up – they are beloved members of the family.

Unfortunately, the law has not changed to reflect this increasingly common perspective. Without clear legal guidelines, divorcing couples often struggle to develop a living arrangement that works. If you are having difficulty finding a fair custody arrangement for your pet, the Boca Raton divorce lawyers of Eric N. Klein & Associates, P.A. can help. Call us today at 561-353-2800.

Pets: Property or Loved Ones?

Under current divorce laws, pets are considered items of property that are handled the same way as homes, cars, or other possessions. If one spouse receives the family pet in a divorce, the other may be given a monetary sum or item of “equivalent value.” However, this policy has been coming under increasingly intense criticism. Many pet owners argue that the value of companionship, security, and love provided by their animals cannot be measured in dollars.

Some divorcing “pet parents” have handled the issue by making informal joint custody arrangements between themselves. These arrangements often resemble those involving children: the pet may switch homes every week, or spend weekends and holidays with one person. While some animals may enjoy this, others experience anxiety when their surroundings are constantly changed.

When shared custody is not feasible, pet parents sometimes have to make a very difficult choice: who should their pet live with full time? Unlike in other custody cases, judges do not have any guidelines for determining the best interests of an animal. Some couples try to sidestep this problem by having their custody arrangements made by a Boca Raton custody mediator or arbitrator, preferably one who is trained in animal behavior.

Unfortunately, the decisions made by this behaviorist may not be legally enforceable. Until new laws are passed to address this issue, divorcing pet owners will largely be left to resolve these issues between themselves.

Contact Us

The experienced Boca Raton custody attorneys of Eric N. Klein & Associates, P.A. can advise you on defending your legal rights, whether in court or with a mediator. Contact us today at 561-353-2800.