With more couples postponing child rearing until later in life and dogs growing in popularity, dogs are becoming more and more like children than ever before. With dogs playing such an important role in the lives and relationships of people it is no wonder that disputes arise when relationships end and custody of the dog is in question. Whether it is a divorce or a separation of cohabitating couples who gets the dog is a hotly contested issue. Joint custody, sole custody with visitation, no ongoing relationship at all or splitting the pets between partners are all options for consideration. Other issues include who pays expenses for the dog, regardless of who has custody, and what happens if the caregiver becomes incapacitated or links up with someone who hates dogs. In a 2006 survey of lawyers by the American Academy of Matrimonial Lawyers, 25% reported an increase in pet custody cases of which 90% involved dogs.
These situations are difficult because the law has not caught up with American’s love affair with their dogs. There is no accepted “best interest for the dog” standard in the law today so agreements must be met without a specific law to outline responsibilities. It is very important for couples to put aside their emotions and resentments to determine what is best for the dog. There is very little in the way of information out there to show people how to get through this process properly, but the first step must be a calm and rational discussion.
There are several options when splitting up a dog custody situation. One person could keep the dog(s) on a full-time basis. This often works best with a dog who is not adaptable to change, has behavioral problems or special medical needs. These dogs need a constant routine and do not do well with major life changes. This is also the best situation when one person came into the relationship owning the dog for some time before the relationship began and bore the lion’s share of the physical and financial care responsibilities of the dog in question.
Then there are joint custody situations. These situations can work quite well with dogs who are properly socialized and easy going in demeanor. They will be able to handle the changes in routine and lifestyle that come with a joint custody situation. This also works well when the people who are separating can get along amicably and stay positive about the situation. This situation can have added benefits including a built in dog sitter when one half of the arrangement needs to travel. It can also be a financial benefit to both parties as the financial responsibilities can be divided along with the custody.
If there are two dogs in the household there can be an even split where one person keeps one dog and the other takes the remaining dog. This situation can be tricky for dogs who are strongly bonded to one another and is not always best for the dog. If the dogs are aloof and independent then they could do just fine under these circumstances. This is a situation that truly depends on the dog as some are more sensitive than others.
Regardless of the option chosen people should be honest with themselves about their financial and time constraints when making a custody agreement. While the thought of losing a mate and a dog all in one fell swoop can be crushing, it is best not to be selfish and relinquish some control if you are unable to provide proper care for the animal. You should also be conscious of your motives. Do you really like having a dog and all of the responsibilities that come along with it or are you simply trying to win something from your ex?
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