Equitable Distribution, Jean Mahserjian Blog

Pets and Equitable Distribution Who Gets Custody?

Posted on by Jean Mahserjian
Going through a divorce can be one of the most stressful and confusing times in a person’s life. When dividing assets and responsibilities, many people don’t consider one important thing: their pets. While pets are often seen as part of the family, New York law doesn’t treat them the same way it treats other property in a divorce. If you’re currently facing a divorce and wondering about how your pets will be handled, you’re not alone. At our firm, we understand the stress and worry that comes with this process, and we are here to help you navigate through it. We are committed to providing you with support and guidance to achieve the best possible outcome for your case.

Understanding Equitable Distribution in New York

In New York, divorce settlements are based on a system called equitable distribution. This system divides marital property fairly, but not necessarily equally. The court considers many factors, including the length of the marriage, the financial and non-financial contributions of both parties, and the needs of each spouse. However, when it comes to pets, the law doesn’t view them the same way it views property like homes or bank accounts. Instead, pets are often treated like personal property, which can lead to confusion and disagreement between spouses. As a result, deciding who gets custody of a pet can become an emotional and complicated aspect of the divorce. Pets, like dogs or cats, may have been part of your life for years, and you may feel deeply connected to them. This can make the decision about who gets custody feel like a battle over more than just a pet, but over a piece of your family. While pets may not have the same legal standing as children, many courts will still consider factors that may help determine which spouse should keep the pet.

What Factors Does the Court Consider?

New York courts have some flexibility when it comes to deciding who should keep a pet after a divorce. Though pets are technically property under the law, judges may still consider a few key factors when deciding custody. One of the first things the court will look at is who the pet is closest to. For instance, if one spouse has been primarily responsible for taking care of the pet, that person may have a stronger argument for keeping the animal. The court may also consider where the pet is most comfortable and where it will have the best living situation moving forward. Another important factor the court may look at is the role the pet played in the family. Did the pet provide emotional support to one spouse? Was the pet especially bonded to one of the children in the family? If the pet served as a comfort during difficult times, the court might take that into account. This approach allows the court to make a decision that is fair, taking into consideration the needs of both the pet and the family members involved.
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How Can You Prepare for Your Pet Custody Case?

If you want to make a case for keeping your pet after the divorce, there are a few things you can do. First, gather evidence that shows you’ve been the primary caretaker. This could include vet records, photos, and even testimony from friends or family members who have seen you care for the pet. Showing that you’ve been involved in your pet’s daily life will help strengthen your position. Next, think about the future. Will you be able to provide the pet with a stable home and environment? If the court feels that your living situation is unstable or unsuitable for a pet, it could affect the outcome. It’s important to show that you can meet the pet’s needs going forward. Finally, understand that pets may not always be given to one party in full. In some cases, the court might decide that both spouses will share custody of the pet. This arrangement could involve alternating who has the pet at certain times or finding a way for both spouses to maintain a relationship with the pet. If you and your spouse are open to the idea of shared custody, this could be an option that benefits everyone, including the pet.

What Happens If You Can’t Reach an Agreement?

Sometimes, despite the best efforts, spouses can’t reach an agreement on who should keep the pet. In those cases, it may be necessary to go to court. If this happens, it’s important to have an experienced attorney by your side to guide you through the legal process. Your lawyer can help you gather the necessary evidence and present your case in the best possible light. If you’re facing a divorce and want to ensure that your pet is treated fairly during the process, the right legal support is crucial. Our team can help you understand the complexities of pet custody during an equitable distribution case. We will work with you to understand your situation, gather evidence, and build a strategy that increases your chances of a positive outcome.

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Navigating Emotional and Legal Challenges

When pets are involved in a divorce, it’s common for both parties to experience strong emotions. Pets can serve as companions during difficult times, and their presence can provide emotional comfort and stability. This emotional bond can sometimes make the division of pets even more challenging. While the law views pets as property, it’s crucial to remember that you have the right to fight for what’s best for your pet, especially when it comes to their well-being and living environment. Working with an experienced lawyer will help you navigate both the emotional and legal complexities of your case, ensuring your pet’s future is handled in a way that prioritizes their needs.

Considering Your Pet’s Best Interests

In some cases, a judge might not only consider the legal factors but also focus on what will be in the best interest of the pet. This could mean ensuring the pet stays in an environment where they feel comfortable and secure. For example, if one spouse is moving to a location that would require significant travel or where the pet’s needs can’t be properly met, the court might rule in favor of the other spouse. Ultimately, the decision is based on various factors that focus on the pet’s safety and quality of life, which is why it’s crucial to present your case thoughtfully and carefully. A knowledgeable attorney can help you articulate these points to the court, making sure your pet’s best interests are considered.

Why You Should Seek Legal Assistance

Pets are often seen as family members, and their well-being is just as important as your own. Whether you’re facing a divorce or simply need help navigating the complexities of pet custody, it’s essential to have the right support. Our firm understands how emotionally charged these cases can be, and we are committed to helping you achieve the best outcome for both you and your pet. At Mahserjian & Mahserjian-Ortiz, PLLC, we are here to provide the guidance and expertise you need to move forward with confidence. If you’re facing a divorce and need assistance with equitable distribution and pet custody, don’t hesitate to reach out. Let us help you protect your interests and those of your beloved pet. Contact us today to schedule a consultation and learn more about how we can assist you in securing a successful outcome.

To learn more about this subject click here: Inherited Assets and Equitable Distribution New York’s Approach

Jean Mahserjian