PET MEDIATION
When it comes to a divorce, pets are often overlooked until the discussion begins as to who gets the pet/s. Animals have become family and we all hold our pets very dear so when the divorce process begins, this important aspect also needs to be discussed. A Fair Way Mediation has helped couples who are in need of pet mediation and divorce services for over 4 decades. While it may sound funny to some people, you'd be surprised how important of an aspect this can play!
We offer a no cost consultation, please fill out our "Start Evaluation" form or give us a call!
Property or Family Members
While pets are of course VERY common in households these days, they also feel like family members. They accompany us on trips, visits to restaurants, run errands around town and more! Pet ownership costs have soared and our family animals aren't just pets anymore, they are beloved members of the family. So what happens to pets when a couple gets a divorce
Shared or Joint Custody
In the court system, pets have always been considered "property". This means that in a divorce the are treated like property, no different than a vehicle, but many states are in the rpocess of making changes to the way the judicial system views pet ownership. In California 2019, AB2274 amends California's Family Code to differentiate companion animals from other types of marital assets. With the new law, courts are allowed to create a "shared custody" agreement plan for companion animals as well as an order that requires a spouse to have cared for the animal prior to final determination of ownership.
California Leads the Way and Other States Follow
California's new law gives credence to the fact that most people view pets as family members and distinctly different than other forms of property. The new law provides additional pet protection, if 1 spouse believes the other might not have the pet's best interests in mind, they can ask for a court order that requires they be the one who cares for the animal while the divorce is pending.
Mediate Your Way to Successful Pet Sharing
Many people are turning to mediation not only for their divorce, but also to discuss what will happen to the pets after the divorce is finalized. The divorce mediator will act as a neutral 3rd party to help couples through the separation process with consideration to a wide variety of issues, pets include. Not only will a trained mediator help you make important decisions on assets, debt division, child support, they will also take in to consideration your concerns for the pets welfare and the wishes of each spouse. The goal is to help you both decide a joint o rsole custody agreement that is right for you both and the family.
Some issues to consider in pet custody:
Was the pet acquired before or after the marriage?
Who provides the majority of the care of the pet?
Are there children involved that are attached to the pet?
Has either of the spouses been abusive to the pet?
We offer a no cost consultation, please fill out our "Start Evaluation" form or give us a call!
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