Pet Custody and Divorce Mediation
When it comes to getting a divorce, people don't often think about their pets at first. But pets do play a very important role in our lives, often becoming family members. When sorting out divorce issues, " pet custody" discussions do often come in to play! When it comes to pets, it can be a bit confusing for couples as to how a pet agreement should be handled, and this can also create a lot of stress. At A Fair Way Mediation, we do understand your love for your pets and will work with you to come to a mutually beneficial agreement.
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So when it comes to pets, what exactly are the rules of the "law" around ownership during and after a divorce? We understand the laws and will explain them to you both to help this particular issue be resolved in a mutually beneficial manner.
California Pet “Custody” Laws
In the State of California, pets are considered as property, so as with most issues when couples feel entitled to 1/2 the value of the animal, this makes pet custody to be put in to the same category as any other possessions that you share.
In 2019, California enacted AB 2274 added "Section 2605 to California Family Code" to differentiate pets from these other types of inaminate materials in the marriage.
How do I better understand California law AB 2274?
This law will not only require the courts to assign a sole or joint ownership, but also will ask the courts to take into consideration the care and well-being of the animal when determining pet custody.
The courts refer to this as "Pet Animal Ownership", but typically in the divorce mediation process this is referred to as "Pet Custody".
What Types of Pets Fall Under Section 2605 in California?
In the Family Code Section 2605 in California Law, this will apply to ALL "pet animals', which is defined as any animal that is community property and kept as a household pet. While dogs, cats, fish, and birds may qualify, such animals as goats, pizgs, or chickens may or may not.
Keep in mind, every case and every judge is different, which is why it is very important to gather facts and evidence to present them to the mediator. And if an agreement can't be reached it will end up in court with the judge's decision.
What Factors Determine the Well Being of the Pet?
When evaluating and establishing pet custody, the "well-being" of your pet will be decided by many factors:
Who normally feeds, walks and plays with the pet
Who previously took the pet to their veterinarian appointments
In whose name is the animal registered
Who has the sufficient space to take care of the animal.
It is important that your emotional well-being can also be considered when establishing pet custody. While it is not necessary to claim the animal as a "support animal", if decided by the courts, the judge will evaluate the emotional connect each individual has with their pet.
Benefits of Mediation for Pet Custody
Tailored Agreements
Mediation offers a benefit in resolving pet custody disputes by facilitating the creation of tailored agreements. Unlike traditional litigation, mediation focuses on allowing the disputing parties to shape their own solutions. For pet custody, this means acknowledging the unique emotional attachment and bond individuals share with their pets. Through mediation, individuals can craft personalized arrangements that consider the welfare and well-being of their furry companions. This process allows for the inclusion of specific details related to the pet's routine, healthcare, visitation schedules, and other important aspects that might not receive adequate attention in a court setting.
Focus on the Pet's Well-being
By encouraging open dialogue and creating a cooperative environment, mediation allows pet owners to construct personalized arrangements that consider the pet's routine, health needs, and emotional attachments. This process requires an exploration of the pet's best interests, allowing parties to craft tailored solutions that accommodate the creature's familiar environment, caregiving patterns, and overall happiness.
Reduced Conflict
In navigating the emotionally charged terrain of pet ownership disputes, mediation offers a structured, neutral space creating open dialogue and collaboration. By engaging in facilitated discussions guided by a trained mediator at A Fair Way Mediation, individuals can express their concerns and priorities regarding pet custody in a non-adversarial setting. This process often encourages empathetic communication, allowing each party to understand the other's perspectives and work towards mutually agreeable solutions.
Considerations in Pet Custody Mediation
During mediation for pet custody, several factors should be considered to reach a fair and practical agreement:
Primary Caregiver
The primary caregiver designation isn't just about the time spent with the pet but includes the comprehensive role of meeting the emotional, physical, and financial needs of the animal. Going beyond basic routine responsibilities, it includes the profound emotional connection and daily interactions that work towards the pet's well-being. When sorting out custody agreements, the primary caregiver's role becomes a key factor, acknowledging their historical caregiving involvement, routine dedication, and the unique bond forged with the pet.
Living Arrangements
Determining the best living situation for a pet demands careful deliberation, factoring in the pet's well-being and routine. A Fair Way Mediation helps you and your spouse navigate through discussions weighing various elements, including the pet's accustomed environment, daily schedule, and emotional attachments. Factors such as housing suitability, work schedules of the pet parents, and the pet's adaptability to new surroundings are pivotal.
Visitation and Shared Responsibilities
Determining visitation schedules demands careful evaluation of each party's ability to provide proper care, making sure the pet's well-being remains the focal point. Creating a structured visitation plan involves accounting for the pet's routine, environment familiarity, and emotional stability. Shared responsibilities include more than just financial obligations, extending to the provision of adequate exercise, healthcare, and attention. Successful mediation in pet custody requires a comprehensive understanding of the pet's needs and a willingness from both parties to prioritize its welfare above personal disputes.
Pet Mediation Learning Corner
PET MEDIATION IN A DIVORCE: NAVIGATING THE EMOTIONAL WATERS
Divorce is never an easy process, and it becomes even more challenging when it involves the well-being of our beloved pets. Divorce an emotional process and a lot of issues need to be discussed and sorted out, while it doesn't get as much attention as the larger topics (of course), pets have become family members and during a divorce it can get emotional over "who gets the pet/s"? Pet mediation, while not well known, is when a trained mediator acts a neutral 3rd party to help make decisions about the future of family pets with each spouse. These can be emotional waters when it comes to pet-related issues, but you aren't alone!
PET CUSTODY RIGHTS BIG ISSUE IN DIVORCES
It used to be that in terms of custody rights in divorce decisions, we thought only of children, but as pet ownership has soared and pets have become beloved family members, custody rights for pets have become a big issue. Two states have even gone so far as to enact legislation (other states are considering it) that supports a form of custody when it comes to family pets. Though in most states pets are still considered personal property, Illinois and Alaska have forged ahead and passed pet-custody legislation that looks at pet rights with a different perspective.
About A Fair Way Mediation
A Fair Way Mediation has helped couples to mediate a successful and positive divorce for over 30 years. Our experience includes success with domestic partnerships, traditional, military, same sex, and alternative relationships. Our mediators are skilled in all the technologies of virtual mediation and will guide you through the process. Mediation also works non-criminal disputes such as landlord tenant, family, and HOA issues. We mediate issues throughout Palm Springs, Riverside County and San Diego.
For a free consultation, please fill out our "Start Evaluation" form or give us a call!
