At one point or another, you likely believed your partner was your best friend. Now the relationship has ended and you are definitely no longer best friends. On top of that, you are fighting over who gets to keep (hu)man’s best friend.
Whether you’re filing for divorce or ending a relationship that was never legally recognized, there are ways to win sole or shared pet custody.
It can be hard to know where exactly to start. Here are six things you can do today to help strengthen your pet custody case.
Tip 1: Gather Pet Related Receipts
One of the best ways to prove you should win ownership of your pet is by proving you have been financially responsible for them. Gathering receipts is the first step in building a strong pet custody case.
Receipt From Purchase
If you bought your animal from a breeder or pet store you should have a receipt or some other proof of purchase.
From a purely legal standpoint, you are the owner of any property you buy. Pets are technically considered property. A receipt, contract, or legal statement showing you as the purchasing party gives you a strong legal claim to the animal.
What If My Pet Was a Gift?
If you don’t have a receipt because you were gifted the animal you can still prove ownership. If you have a card or note that came with the pet you can use that. You can also supply photos or a video of you being gifted the animal.
It can be harder to prove you are the owner if you didn’t buy the animal, but the other tips in this article will make it possible.
What if I Don’t Have a Receipt?
If you bought your animal from someone with cash, were given it for free, or don’t have a receipt for some other reason, you can contact the seller to write a letter explaining when you bought the pet. If this isn’t an option you can build a case without proof of purchase.
Licensing Payments
Many household pets have to be registered or licensed in the city or county you live in. If you were the person who made the payments for these applications you can use these receipts as evidence that you are the owner of the pet.
You can also use the licensing documents as proof if you’re listed as the owner on them.
Care Bills
Buying a pet is just the beginning of the costs they’ll incur. You can make an argument that a pet is yours if you paid for some or all of their care. Look for as many receipts or bank statements as you can that show you have spent money on the animal.
Common pet expenses include:
- Vet Bills
- Petsitting fees
- Grooming
- Food
- Toys
- Medications
- Obedience or Training Classes
There are situations where someone hasn’t paid for any of their pet’s care, but a pet is still considered theirs. If you can’t prove you have any financial ties to your animal you can still be awarded full or partial custody of your pet.
Tip 2: Show Proof of Care
Financial proof is not the only evidence you will need when seeking sole or shared ownership of a pet. You need to prove that you have been a caregiver to the animal as well.
Some clients haven’t been able to prove that they were solely financially responsible for an animal, but have built a strong case around care of the animal. This is an area where you can prove you are the best option for your pet regardless of anything else.
On the flip side, owners who have a hard time showing that they have helped with any of the care or maintenance of a pet have a higher chance of not being awarded ownership.
Routine Care
Taking care of an animal can be a lot of work. If you regularly tended to your pet’s needs you can establish a pattern of care.
Daily Care
Take some time to write out a normal day in the life of your pet and mark the things you do for them. Consider who feeds your animal, takes them on walks or exercises them, trains them, plays with them, and more.
Recurring, Less Frequent Care
Look at recurring things that aren’t done daily as well. Do you take your pet to the vet? Or drop them off for grooming appointments? Who schedules and coordinates pet-sitting when you are out of town?
Paint a picture of you as a pet owner and how much time you spend with your animal. You can collect photos of you and your pet to support this as well.
Emotional Attachment
Animals are drawn to some people over others. If you believe your pet is more attached to you than your ex-partner make a list of reasons why. It can be difficult to prove this, but it doesn’t hurt to talk about the important role you play in your pet’s life.
Service Animals
If you have a registered service animal you have a strong case for sole ownership of an animal. Provide these documents to bolster your case.
If you don’t have legal documentation for a service animal but still rely on the animal, get a doctor’s note or other evidence to support your need for the pet.
If you are hoping to gain ownership of an animal who is your partner’s service animal it is unlikely you will be able to do so if they have a legal or strong medical claim to them. It can be hard to miss a pet that lived with you, but it is unlikely a court will side with you if the animal is someone else’s active service animal.
Abuse
Abuse is the opposite of care. If your ex has a history of abuse toward humans or animals this can be used as evidence in your favor. Pets are entitled to a safe living environment and a level of care.
Tip 3: Establish a Pet Ownership Timeline
How long a pet has been with you can help determine if one or both parties will be given ownership of the animal. Write out a quick timeline of when you got the pet, how long the pet has been with you, and how long you’ve been in the relationship to give the judge an idea of where the pet fits into your relationship.
Pre-Relationship Pets
Typically, if you owned a pet before a relationship started, that pet is your pet. This is easy to prove with receipts and licenses. If you don’t have those, you can show photos or vet records to prove you owned the pet before your relationship began.
If you are on the other side of this and want to prove a pet is yours even though it was owned by the other partner before you were together, you are fighting an uphill battle. It isn’t impossible to gain shared ownership, but it will be difficult.
Showing proof of care and that the animal has been in your life for a long time can help you make a winning case.
A lawyer will give you realistic advice and let you know if you have a chance before diving into your case.
Co-Owned Pets
If you bought a pet after you were married, it is generally assumed the animal is community property. The law is less definitive if you weren’t married or in a registered domestic partnership at the time of purchase.
You can strengthen your claim to a co-owned pet by providing proof of the purchase being a joint decision. If you have any evidence of premeditation for buying the animal you will want to gather that for your case.
Text messages, emails, social media messages, letters, and more can be used to show that you and your partner both wanted a pet and had talked about it before one party bought it. This can be especially helpful if you weren’t the person who bought the animal. This can help prove that the pet was always meant to be community property.
Tip 4: Demonstrate Stability
Stability is an important factor in pet custody cases. It isn’t enough to be able to financially and emotionally support your pet. You need to prove you are a responsible pet owner who can provide a stable environment as well.
Living Situation
Your living situation can play a large role in your pet custody case. You will need to prove that you live in a place that allows pets. If your rental agreement or HOA prohibits animals you won’t be able to overcome that in court.
If you don’t live in a pet-friendly place, find a new residence before starting a legal case for pet ownership.
Once you’ve established that you can have a pet in your home, take some time to think of reasons your home is suitable for your animal. For example, it isn’t necessary to have a yard if you prove you walk your pet often and take them to open places for exercise, but it definitely helps if you do have one.
Pet’s Routine
You will want to outline how your lifestyle will help your pet maintain their routine. If your lifestyle makes it difficult to give your pet what they are used to, you risk losing your bid for pet custody.
Some pieces of evidence that can help your case:
- Working from home
- Working close to home so you can let your pet out on a lunch break
- Not traveling for work often
- Remaining in the house they’re used to
- Adequate income to provide for a pet
- Time to exercise your animal
You don’t have to have a perfect work/life balance to own a pet. All you need to show is that your animal’s lifestyle won’t be drastically changed in your care. Sharing ways you can provide your animal’s needs will showcase your desire and ability to care for them.
Tip 5: Be Ready to Compromise
It is possible you will not gain sole ownership of your pet. It is becoming more and more common for ex-partners to be awarded shared ownership of their animals. In these situations, you will have a schedule similar to a custody agreement for children.
Go into your case with the expectation of sharing the pet. Remember that shared ownership is better than no ownership. Be willing to compromise and make a plan to be good co-parents for your pet.
Mediation
Mediation is a great alternative for parties who want to save time and money during a pet custody case. It also works well for couples who have decided what they want to do and want to make the agreement legally binding.
Mediation will allow you to talk through things if you don’t have it all figured out. It happens out of court and can be done amicably.
Think of Your Pet
When separations happen it is normal to want to get revenge on an ex. Don’t use your pet to do this. Think of their desires and needs. If they’ll miss your ex-partner, consider their feelings. A shared ownership compromise could be what is best for your pet, even if it is difficult for you.
Tip 6: Hire an Experienced Pet Custody Lawyer
Pet custody is a unique area of law because a case can go before the family law court or the civil law court. In a situation where ownership of the pet will be decided with a legal separation or divorce, then the family court will be used. If you were never married or are fighting for custody apart from a divorce or domestic violence situation, you will have to sue in civil court.
Many family law attorneys don’t have experience in civil court. When you’re looking for legal representation, make sure you hire someone who knows the AB2774 law AND who has experience in both family and civil court. This will ensure that, no matter the direction of your case, you will be taken care of.
We have pet custody experience and education in both the family court and civil court systems.
Schedule a consultation to discuss your options.
