“Disputes over pet custody most
commonly occur when a couple, married or unmarried, breaks up and
both partners want custody of the animal.”
stories.avvo.com.
“A pet owner might feel that his or her beloved pet is like a
child, but Georgia courts simply view pets as personal property.”
www.ksfamilylaw.com.
“Because pets are personal property legally, the courts do not have
to consider their best interest in awarding ownership.”
www.animallaw.info.
If parties cannot agree to custody of
the family pet then the Georgia Court will apply its equitable
division standard. “Equity seeks to do that which is fair, and what
is fair is not necessarily equal - not in Georgia.”
www.avvo.com.
In many pet custody issues, parties
reach an agreement outside of Court regarding the family pet to avoid
fighting in Court over another highly emotional topic. If the parties
can not agree on custody of the pet, mediation may be recommended to
work out the details outside of Court. Some parties even agree to
scheduled visitation with the family pet to suit both parties.
“Having a signed and notarized pet agreement in place early on in a
marriage can help prevent bitter custody battles and heartache in the
unfortunate event of divorce.”
www.rover.com.
It is best to talk to your spouse about
long-time family pets as part of your divorce discussion as it can
often be an additional difficult and highly emotional subject. The
law often leaves devoted pet owners dissatisfied and therefore it is
recommended that parties work out these details together or through
legal counsel. “Decide what is best for your pet; put aside your
own feelings to reach that decision.”
www.divorce360.com.