Reviewing child custody matters is a mandatory part of a divorce in Washington when parents share children. It is standard practice to split parental rights and responsibilities between the adults and family during a divorce. People who have pets instead of children, or in addition to shared children, might expect the courts to establish a pet custody arrangement as well. However, couples are often in for disappointment when they expect the courts to help them settle matters related to a shared companion animal.
There is no automatic judicial oversight to help establish shared pet custody. The courts typically treat companion animals as property rather than family members. How can divorcing spouses in Washington obtain shared pet custody during a divorce?
Through mutual agreement
If spouses litigate the terms of a Washington divorce, a judge determines what they think a pet is worth based on factors such as breed, age and training. A judge may allocate the pet to one spouse or the other as part of the overall property division process.
Even if spouses hope for a shared custody arrangement or a visitation schedule, the judge does not spend their time negotiating terms for them to share access to the companion animal. If both spouses want to see the animal regularly, they may have to establish their own arrangements outside of court.
Spouses can sometimes settle divorce matters amicably through mutual agreement. They can then present the courts with property division arrangements that may include terms for sharing time with companion animals.
If the couple shares children, they might agree to have the animal travel between parents with the children. Other times, one spouse might agree to allow the other to visit occasionally to spend time with the family pet.
It is worth noting that dogs tend to adjust better to moving back and forth between houses than cats do. The breed of the animal, its relationships with the different humans in the family and its age can all influence the best solution. For some people, divorce comes with the uncomfortable realization that they may have to give up their relationship with a beloved pet.
If they cannot reach an arrangement with their spouse and do not have the time or resources care for the pet consistently, their spouse might be the one who keeps the pet after a divorce. The desire to maintain a relationship with the companion animal could inspire some couples to pursue an uncontested divorce. For others, divorce might force them to give up the relationship they have enjoyed with an animal previously.
Understanding how the Washington family courts handle companion animals when spouses divorce can help people establish appropriate goals. Pet custody can sometimes be a top priority, and spouses may need to look into ways to amicably settle this complex divorce issue.
