For some couples, their pets are like their children and it is natural to become extremely attached and worried about pet custody when going through a divorce.

In Maryland, pets are legally classified as property during a divorce and their ownership is determined much like other assets during a divorce. This can be very painful for many pet owners. Maryland courts tend to focus on who has legal ownership of the pet rather than what arrangement is in the best interest of the pet and disputes over who keeps the family pet can be one of the most contentious aspects of a divorce.

While pets are legally considered property, the court may consider different factors when deciding which party will keep the family pet. When two parties are claiming ownership of the family pet, the court may consider the following:

• Who purchased the pet: the individual who purchased or adopted the pet may be favored when the court determines ownership. Likewise, the court may also consider whether the pet was a gift to one spouse.
• Who has care for the pet; the court may look at who was primarily responsible for taking care of the pet, including feeding, walking, and providing veterinary care. The spouse who has been consistently responsible for the pet’s care may have a stronger case for retaining ownership of the pet.
• Children’s bond with the pet: if the parties have children, the court may consider whether the pet is emotionally important to the children. If the children have a strong bond with the children, the spouse who has primary custody of the children may retain the pet.
• Pre-existing agreements: if the parties have a prenuptial agreement or other legal document outlining who would keep the pet in the event of a divorce, this agreement could be upheld by the court.

Couples may agree to share custody of the pet. If both spouses want to stay involved in the pet’s life, they may create an agreement that outlines their shared responsibilities and visitation with the pet. However, it is important to note, that these agreements are typically not enforceable by the court in the same way that child custody or support orders are. It is important that both parties approach pet custody with some flexibility and willingness to cooperate. If disputes arise regarding the pet, it is often best to
resolve them without court intervention.

For many people, pets are members of the family, companions, and emotional support systems. Losing a pet during a divorce can feel as devastating as losing custody of a child, which is why pet disputes can become highly contested. If you are facing the possibility of losing a family pet, it is important to work with a divorce attorney who understands the emotion impact of the situation and is able to help you find solutions for maintaining a relationship with your pet. Working with an experienced family lawyer can provide advantages, such as:

• Legal guidance: an attorney can help you understand how Maryland law treats pets in divorce and explain which factors may influence the outcome of your case.
• Negotiation support: divorce lawyers are skilled negotiators who can help parties reach an agreement on pet ownership without escalating the situation.
• Drafting agreements: if you and your spouse agree on shared pet custody, your attorney can help draft a clear agreement that outlines each party’s responsibilities and time with the pet.
• Protecting your rights: if negations fail and the case goes to court, having an attorney who is experienced in divorce law can help you present a strong case for keeping your pet whether it’s based on financial ownership, care responsibilities, or emotional needs of the children.

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Contact us for help navigation pets in a divorce. To schedule an appointment to discuss your circumstances, call (240)423-3138, email info@goharylaw.com, or use the button below to schedule a consultation.