For example, one party may agree to be fully responsible for all costs related to the pet, including veterinary bills and food, even during the pet`s visit and staying with the other person listed in the agreement. If you and your ex decide to try shared custody for your pet, there are a few ways to make the process more fluid for your furry friend and for you. You can decide in advance to take care of your pet by having an animal protection contract. If you have such an agreement, it is likely that a court will apply it, unless it is in a state with animal welfare laws, where the judge will consider the best interests of the pet. Alaska, AS 25.24.160: Alaska was the first state to allow judges to oversee the « welfare » of pets in divorce proceedings. Governor Bill Walker signed HB 147 in October 2016 and came into effect on January 17, 2017. The act amends AS 25.24.160 in Chapter 24 on divorce and dissolution of marriage. The amendment states that « [i] n a judgment in a divorce action or an action annuls a marriage or, at any time after the judgment, the court may provide for it. » (5) when an animal is in possession of the animal, for the property or co-ownership of the animal, taking into account the welfare of the animal. » Courts in most states have limited the attribution of pets at the dissolution of marriage on the basis of traditional property classifications, with few cases taking into account the « best interests » of a pet. This law is unique in that it gives the judge the power to go beyond a traditional paradigm of pet ownership if he shares marital property. This agreement will also contain all important information about the accompanying animal, such as name, sex, age and type of animal. There are also optional spaces to receive information about the animal`s medical needs, if any, as well as other general information about care (for example. B if the animal has a favorite toy or a particular habit).
There are many clauses that you can include in the development of a comprehensive agreement on the detention of animals. Consider your specific needs and the best interests of pets. You may also find that the contract needs to be updated due to lifestyle changes or financial needs. The contract may be amended to reflect new circumstances, provided both parties sign the new contracts and amendments. As part of these agreements, the parties determine the precise determination of custody rights, including the dates of the animal`s termination and deadlines, so that the parties are on the same page of their visits and responsibilities. Legally, a companion animal is considered a property. The court must consider pets to be part of matrimonial property; As a result, the Tribunal`s options are limited. Although the family dog may be as a child for the couple, the court cannot reflect this feeling when the couple`s property is shared. There is no legal authority to determine custody of a pet with the standard of best interest, as a judge would do to determine custody of a human child. Therefore, it may be possible to give individual custody of the animal, determine the value of the animal and give a portion the monetary value of the pet or sell the pet to the family and distribute the product among the different parties.
There is no way to keep together or visit property. If a couple wishes to have the dual property or home visit of their pet, they must reach an agreement between them. The court will not have the power to enforce such an agreement.
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