What Happens To Family Pets In A Maryland Divorce?

Many families consider pets part of their own family, rather than simply another object they own. Emotions can get run off the rails when it comes to family pets and divorce. However, many Maryland families are unaware of the fact that, unlike child custody cases, pet custody matters are not handled by the Maryland family courts.

A clear understanding of the legal position regarding pets during divorce in Maryland can facilitate negotiation processes.

Pets are generally considered property 

In most cases, the Maryland courts will consider pets to be property. Thus, the court tends to resolve pet disputes similar to all the other marital property issues, like vehicles, furniture, and bank accounts.

In contrast with child custody proceedings, the court does not establish any visitation or joint custody schedule for the animal. The major concern of the court will be to define who has ownership of the animal. If the pet were a child, then things would be different. The court would consider the best interests of the pet as opposed to who it belongs to. The pet would go to the best environment. In addition, the court does not establish any visitation or joint custody for the animal.

A few factors that may influence a court’s decision on who keeps the animal include:

• Ownership of the pet (who bought or adopted the animal)
• Veterinary record holder
• Pet owner (the person who takes better care of the animal)
• Person responsible for feeding, treating, and cleaning the animal
• Pet ownership before the marriage

When an animal has been obtained during the marriage, then it may be viewed as marital property and divided accordingly.

Emotional attachments often complicate matters 

Even when animals are considered property under the law, such attachments may cause complications. The children can grow attached to the animal, while at the same time, both individuals feel entitled to ownership.

Sometimes, the disputes about the pet reflect other unresolved emotional issues in the process of divorce. In some cases, one party desires custody of the pet based on an emotional connection, whereas the other spouse regards the dispute as a part of another negotiation.

In such circumstances, it is better for the parties to negotiate and not litigate the matter in court.

Negotiated pet agreements can be helpful 

Most separating individuals prefer creating their own pet plans in lieu of totally deferring decisions about pets to a court. Some possible terms to include in the agreement:

• Primary owner
• Visit schedule
• Medical expenses
• Grooming and boarding fees
• Transportation costs
• Treatment decisions

While the law in Maryland cannot enforce such “pet custody” orders like it does with respect to child custody cases, a written plan can still be useful in avoiding conflicts in the future.

Talk to a Bel Air, MD, Divorce Lawyer Today 

Schlaich & Thompson, Chartered, represents the interests of Bel Air, MD, residents during their divorces. Call our Bel Air family lawyers today to schedule an appointment, and we can begin discussing your case right away.