Category Archives: Custody

Pets In Divorce Settlements

pets in divorce settlementsDivorce is a difficult time for everyone involved. When it comes to splitting up a household, it can be difficult to decide who keeps what. Even harder is the decision on who gets custody of the kids. Recently, family courts are getting more divorce cases where there’s a question of who gets the pets in divorce settlements. This is making it necessary to take a harder look at the role pets play in a family and how the pet’s best interest can be served during this difficult time.

Pets In Divorce Settlements: Pets As Property

Traditionally, the court system has looked at pets as property. When the question of who gets the family pet comes up, the court will put a dollar value on the pet. This often results in one person getting awarded the family pet and the other partner getting something of equal monetary value.

The “value” of the pet is determined by:

  • Who can prove they paid vet bills.
  • Which name is on the license.
  • Who takes care of the pet most often.

As the world becomes more aware of the importance of animals, some courts are starting to change their views somewhat, but there are some things that a couple can do to help make the process easier fro everyone.

Changing Views

As more courts start considering pets as family members, some of the same things that determine child custody are being used to determine pet custody. The judge may take into consideration such factors as who brought the pet into the family, who is able to give it more time and attention and who the pet is most attached to. In essence, he will try to determine the best interest of the pet, but this is also a situation that may not be easy to determine.

Legal Agreements

Couples who are considering a divorce often take the time to sit down with a lawyer and discuss things. If an agreement can be reached between the two people involved, custody issues may be resolved without the case having to go to court.

Let’s look at what can be included in a divorce agreement:

  • Basic custody of pets – Will it be best for your pet to have the consistency of staying in one home and having visitation from the non-custodial person? Would shared custody be better? Set forth who gets what time with the pet. Having it in writing will make it more enforceable if there ends up being conflict.
  • Finances – How will vet bills be paid? Will one partner have sole responsibility or will you share the cost? Is there a way you can arrange some kind of pet fund that will make it easier to pay vet bills if the other partner is unavailable?
  • Attachment – Did one partner bring the pet into the marriage, to begin with? Is there one partner who benefits psychologically from having the pet around? Does the pet prefer one partner over the other? All these answers can determine who has the greatest psychological investment and this is something that needs to be considered in who gets the pets in divorce settlements.

Any custody arrangement works best when two partners can come to an agreement that is best for the children. This holds true for pets as well. Until such a time when the courts fully embrace the concept of pets as part of a family, sitting with a lawyer to discuss custody arrangements for your family pet is the next best thing.

How is Child Visitation Determined in California?

how-is-child-visitation-determined-in-californiaWhen a judge ultimately is deciding the outcome of a custody case in the State of California, he or she must decide what is in the best interest of the child or children that are involved. This decision determines how much time each parent will receive throughout the year with the children. When the process begins both parents that are involved will have a fair chance at custody and primary visitation despite whether it is the male or female that wants primary custody. As the process goes on the judge will get a better understanding of the familial situation and understand more of what would be best for the children involved.

Policies.  The State of California follows two very distinct policies when determining visitation. The first policy focuses on the health and welfare of all of the children involved in the visitation agreement. This must be the primary concern of the judicial system. Also, the second policy takes a deep look at the parents involved and determines whether or not the children benefit from having continuous contact with both of the parents. The information regarding both of these policies is the main information that is used to determine child visitation in California.

Safety.  During California court proceedings, a child’s safety is a primary concern when determining child visitation. It is an easy decision to make if there is a situation where one of the parents is living a very unsafe lifestyle that maybe focuses around excessive alcohol consumption or drug use. This may also apply to a parent that has a past that includes legal action for rape or abuse. A judge is not going to place primary custody or visitation with a parent that is not going to create a safe environment for their child. There is also a California law that prohibits a judge from giving child visitation to a person who has been convicted of murder or child abuse on both a physical or sexual level.

Supervision.  If a parent is questionable regarding their behavior or how they may act around their child then a judge may order child visitation to occur with a third party present so the visits are supervised. This prevents anything bad from happening to the child during the visit but yet it still allows the child to maintain some sort of relationship with their parent. When they are older and more mature they can then make decisions themselves regarding their visits.

Recommendations.  Each child visitation case is very different from the next. There may be some confusion as to whether or not a parent is fit to have visitation with their child so sometimes the court will ask for written recommendations and letters from family members, rehabilitation staff, attorneys and more. The information provided by multiple sources will help a judge make their final decision.

Child Opinion.  Depending on the age of the child the court may ask the child what their opinion is regarding the visitation agreement. An older child may state that they do not feel it is healthy for them to have a relationship with a certain parent or they may ask to stay in a certain living situation with the parent they are already staying with. The judge typically will take this information and preference into consideration.

Ultimately the best child visitation agreement is one where both of the parents involved can work together to co-parent their children. While not every marriage or relationship works out in the end there are still impressionable children involved that deserve the very best that their parents can offer them.