During a divorce anything can happen, it is a nervous and emotional process and sometimes even custody and support for a pet can become a problem. Generally the whole situation has two scenarios. The first situation is when a pet is left at one of the sides after a divorce and the side requires monthly compensation as a support for this pet
During a divorce anything can happen, it is a nervous and emotional process and sometimes even custody and support for a pet can become a problem. Generally the whole situation has two scenarios. The first situation is when a pet is left at one of the sides after a divorce and the side requires monthly compensation as a support for this pet. The second scenario is when one of the sides is holding the pet away from the other spouse and the whole situation requires a court solution of who will get the custody.
It is important to remember that while the pet is definitely very important for you, the court will classify it as property. It is also important to remember that most courts and attorneys won’t take the case really serious so you need to present it in a different way, as property problem or present the absence of the pet as an ongoing cause for emotional issues. If you take your battle to court you need to work out a good strategy. The pets are classified as property so try to find a lawyer that has good experience with various and unusual property cases. Show the court that you habe everything to care for the pet. All the possible factors will be important, like having enough space for the pet, having enough money to maintain and feed the pet and take him to a vet if needed, even having enough time to care for the pet. You can also try to prove that you were the main caretaker of the animal before the divorce. It is a good possibility that the case won’t get it to the trial stage and the court will reach a decision at one of the earlier stages.
As direct examples of pet custody and support cases we can take two cases in Canada. The first - Warnica v. Gering, revolves around pet custody. On December 17, 2004 in Ontario Christopher Warnica’s claim for shared joint custody of a pet dog named Tuxedo was dismissed by the judge. The judge explained that the court should not be making custody orders for pets and the whole case wasn’t considered to be serious. The second case Boschee v. Duncan was about pet support. In this case former spouse demanded additional $200 per month to support her husband’s St. Bernard dog. The court decided that a St. Bernand dog costs more to maintain and feed and ruled that the $200 per month is a reasonable sum to compensate the wifes’ expenses.
Apart from all the recommendations still the best way to decide who gets the custody is simply talking to your former partner, if everything goes well you will come to understanding and both save financial and emotional costs of a court. Try to do your best in reaching an agreement outside the trial, because no one can guarantee that the court will take your problem seriously and reach a decision.
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