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Who gets the animals in your Texas divorce when both want them?

On Behalf of | Aug 21, 2023 | Divorce

Going through a divorce is a difficult process. When it comes to dividing assets, one aspect that often leads to intense emotions and conflicts is determining who gets custody of the beloved family pets. In the U.S., 66% of homes have pets, so this is a common issue that arises during a divorce.

You and your soon-to-be ex-spouse may both have strong bonds with your animals, making the decision even more heart-wrenching. The emotional attachment to pets makes it essential to approach the situation with care, understanding and fairness.

Consider the best interests of the pets

Many people consider their pets to be members of the family. When deciding who gets the pets, you need to put their well-being first. Consider their needs, routines and comfort levels with each person. Evaluate who has the time, resources and ability to provide the best care for them.

Negotiate and try to reach an agreement

Before taking any legal steps, try to negotiate with your spouse. Communication and compromise may lead to a solution that satisfies both parties. You could also consider a temporary arrangement, allowing each person to spend time with the pets, and see how it works before making a final decision.

Use mediation

If negotiations break down, you may want to explore mediation. A mediator can facilitate conversations and help you and your spouse find common ground. While the mediator’s guidance can be helpful, the final decision still rests with you and your spouse.

Understand the court’s perspective

Should the situation escalate to court, you need to know that Texas courts view pets as personal property. Judges often consider factors such as who purchased the pets, who cared for them primarily and the living situations of both parties. The court will not necessarily consider the emotional connections but will make a decision based on property laws.

Create a pet custody agreement

A pet custody agreement is a formal arrangement outlining the responsibilities and rights of each party regarding the pets. This agreement can include details about visitation, financial responsibilities and other related matters. Having a clear and detailed agreement can help avoid confusion and conflict in the future.

Cooperation and empathy toward both your spouse and the pets can go a long way in reaching an agreement that ensures the well-being of your beloved animals.