Family Matters.
When It Really Matters.

How is a Beloved Pet Handled in a San Diego Divorce

On Behalf of | May 25, 2021 | Family Law

While child custody and parenting time may the most contentious issues in many divorce cases, how is a beloved pet handled in a San Diego divorce can be quite a complex question as well. This is especially true for couples without children, gray divorces or when the family pet is a centerpiece of family life.

It may be reassuring for you to know your pets are not considered to be simply part of community property.  California family law has expanded to provide additional guidance and insight into the questions of how is a beloved pet handled in a San Diego divorce.

The Judge has much more authority to consider the best interests of of the pet as well as the specific care and needs of each pet.

The Judge in your case will consider a wide range of factors.  It is no longer as simple as putting each parent on different sides of a room with the pet in the middle to see which one they go to.  What are the best interests of the children in terms of their attachment to each pet?  How and when was the pet acquired?  What are existing veterinary or health issues for the pet? Who is presently primarily responsible for the pet’s care and feeding?

The Judge will also usually consider which party may have additional financial resources to care for the pet, or if either party may have more of a tangible connection to the animal.

Each case is fact-driven and the circumstances surrounding the pet and its owners in these cases is somewhat unique. The experienced Carlsbad Certified Family Law Specialists at Burke & Domercq, APC take these issues quite seriously.

When the question of how is a beloved pet handled in a San Diego divorce arises negotiation or mediation can often effectively resolve these complex issues. It is now much more common to see the custody of pets divided much like “parenting time” in a child custody case. Your goals and objectives will ultimately determine the legal strategy employed.

How will a court determine the right solution? We invite you to contact us or call 760-389-3927 to schedule an appointment with one of our attorneys. If the disposition of a pet or pets is a crucial issue in your case you will need the counsel and advice of the proven divorce and family law attorneys at Burke & Domercq, APC.