How to Determine Pet Custody in a Maryland Divorce
For most people, the family pet is more like an actual member of the family rather than just a “pet.” You become attached to them, nurture them, watch them grow, and sometimes find yourself spending thousands of dollars on necessary medical treatment — just as you would with a child. So, it is completely understandable that you would have concerns over the custody of a beloved in the event of a divorce.
Maryland Law on Pets in a Divorce
Unfortunately, you might be surprised to hear how pets are treated in the legal system. The family pets are viewed as property in a divorce. This is not unique to Maryland, either. Other states look at a pet pretty much like they would a piece of furniture. This is devastating for many couples to learn, as it feels like the legal system does not care about the welfare of animals in a divorce. This is not necessarily true, but for now, your beloved four-legged friend will be included in the terms of the property settlement agreement.
There is one way you can address pet custody ahead of time, and that is through a prenuptial agreement. If you have a pet when you get married, you can include a provision that states where he or she will go in the event of a divorce.
Determining Pet Custody
If you and your spouse obtained the pet in question while you were married, it would be considered marital property and therefore be subject to negotiation when dividing all your marital assets. Maryland follows the rule of equitable distribution, which means the court is not obligated to split everything 50/50 like you might expect with a community property state. What happens is you may take one asset while your spouse gets another of equal or similar value. If you and your spouse cannot reach an agreement, then it will be up to the trial court judge to decide on who gets “custody.”
What happens if you or your spouse had the pet prior to marriage? You might automatically assume that this means that your pet is not considered a marital asset. That is not always the case, either. It can increase your chances of getting ownership, but it is not a guarantee. The court may look at who is the pet’s primary caregiver, buys all the food, takes the animal to the vet, the groomers, etc. You may need to show receipts that you handled all the expenses, and you may need a certificate from the vet indicating you were the one who primarily brought the animal in.
Sometimes a judge may look at child custody to determine ownership of the pet. If the child is attached to the animal, that could sway the judge. In the end, it is best if you and your ex can reach your own custody agreement on how to handle your beloved four-legged friend, as the courts currently do not.
Contact a Maryland Family Law Attorney Today
If you are going through a contested divorce, or preparing for one, it is important to have a Charles County divorce attorney on your side. Your attorney can help you work to reach an amicable agreement on deciding pet ownership. Contact the Law Office of Robert R. Castro today at 301-705-5253 to schedule an initial consultation.
