Pet Custody in Texas Divorces

Posted on October 8, 2019 by Chris Kirker

While many people consider their pet(s) a part of the family and love them just like a child, Texas child custody laws do not apply to pets. Rather, for the purposes of divorce, pets are characterized as either separate or community property. A pet purchased or adopted by one party prior to the marriage or gifted to one party during the marriage is “separate property.” By contrast, pets are presumptively “community property” when they were purchased or adopted during the marriage or were born to pets during the marriage, even if the parent pet is “separate property.”

If a pet is community property and two spouses cannot agree on who will keep the pet, a judge will determine which party is more appropriate to care for the pet in the long-term. In making this determination, a judge will examine the answers to certain questions. Those questions may include:

  1. Which party has been the pet’s primary caretaker?
  2. What are each party’s typical work and personal schedules?
  3. If they have a close relationship to the pet, what is the possession/access schedule of the children?

If the children of a divorcing couple are close with the pet, the judge will likely give the pet to the spouse who has primary custody of the children. If there is more than one pet, the judge may divide custody. For example, a dog may be placed with the spouse who is home more often, while a cat may be placed with the spouse who works long hours. Ultimately, the judge will aim to place the pet in the home where its needs will best be met.

Unlike in child custody cases, courts do not grant visitation rights for pets. However, a judge is likely to enforce an agreement that the parties have entered regarding pet visitation (i.e., explicit terms regarding a visitation schedule in a prenuptial or postnuptial agreement).

If you’re in the process of separating from your spouse and need to arrange custody of any pets, contact Kirker Davis LLP to schedule a meeting with a family law attorney today.

 

 

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