Legal Question in Family Law in Washington
Pets in a divorce
Ok, My husband and I are getting divorced and we have 2 dogs and 2 cats. 1 dog I recieved prior to marriage and the other we rescued. He is in the army so once we are divorced he won't have a home for The rescued dog. Do I have the ability to ask for I guess ''sole custody'' of the dog?
1 Answer from Attorneys
Re: Pets in a divorce
I can't tell whether your divorce is in WA or OR. If you are getting divorced in WA, here is the answer:
If you bring up the word "custody" in relation to the pet the court is going to be deeply offended. Not kidding. Custody is what courts decide for children, not animals.
Animals are a special sort of property. I am completely sympathetic and I belong to the animal law section of the State Bar Association.
I have four dogs asleep under my feet as I write. BUT, I have also been in court and watched other attorneys try to bring up custody of pets and watched the bench hammer the attorneys for even addressing it.
Sounds like: "Counsel, do not ask me to make decisions about dogs."
The agreements you reach with your ex are the best.
Hope this helps. If you are in OR you need an answer from an attorney there, as the courts may look at it in a completely different manner.
Elizabeth Powell