Every person preparing for divorce has unique priorities. Some spouses worry about protecting their professional practices. Others simply want to retain as much of their retirement savings as they can. For those with children, custody matters are often a focal point.
In some households, pet-related issues can dominate the divorce process. In most states, pets are simply property subject to asset division rules. However, Illinois has adopted a much more modern approach to companion animals. The state allows people to request joint pet custody and imposes unique requirements on judges hearing such cases.
What do people generally need to consider before taking a pet custody matter to family court?
1. Can they meet the needs of the pet?
A judge deciding a pet custody case has to reach a determination that is in the best interests of the animal. This is a similar standard to the rule imposed when allocating parental rights and responsibilities.
Those hoping to share pet custody need to consider whether they are in a position to take responsibility for their pet. Their housing arrangements and careers can influence whether or not they can fully share responsibility for their pets. Financial concerns can also factor into pet custody matters, as food, grooming and veterinary bills can add up quickly.
2. Can the pet tolerate shared custody?
The breed of the animal, its age and its relationship with each of the spouses can influence the suitability of a shared pet custody arrangement. Not all pets adjust well to transitions between homes.
Older animals and those that are medically fragile may not tolerate custody exchanges calmly. Dogs often enjoy travel and new environments, but cats can take weeks to settle into a new household.
People who love their pets often need to think about not just whether they can meet the pet’s needs but also whether the animal can tolerate shared custody. Sometimes, acknowledging that the pet may struggle with travels or regular changes to their environment can help people realize that shared custody may not be the best arrangement.
3. Can the spouses cooperate, or is conflict likely?
Shared custody means regularly communicating about health matters and behavior. It also usually requires seeing one another regularly to exchange custody. People need to be realistic about whether such arrangements are feasible, especially if continued interaction is not necessary otherwise.
Ex-spouses who already exchange custody of children may not worry as much about pet custody, as they have to interact with their ex-spouse anyway. Those who don’t have minor children need to be honest with themselves about whether regular interactions might disrupt their healing process and cause unnecessary stress.
Having a realistic approach to pet custody and other emotional decisions when preparing for divorce can help people focus on achievable divorce goals. Shared pet custody is an option but may not necessarily be the best arrangement for every family.