23 Oct How Pet Custody Is Assessed in a Washington State Divorce
Divorce proceedings bring many challenging decisions, pet custody being among them. If you are navigating a Washington State divorce and have a shared pet, you should know how pet custody is likely to be assessed in your situation.
Washington’s Approach to Pet Custody
Pets are legally considered to be property in Washington, but that said, the state is moving away from treating pets as material belongings. Courts understand the significance that animals have in our lives, and they aim to make choices that reflect that understanding.
Therefore, even though Washington law does not specifically address pet custody in divorce cases currently, it tends to approach such situations with similar considerations as for children. It is important to note that courts do not give pets the same legal status as children, but they do attempt to acknowledge their emotional and relational impact.
Judges examine several key factors when making pet custody determinations.
Primary Caretaker Analysis
Courts look at who provided the majority of day-to-day care for the pet. This includes:
- feeding
- veterinary care
- exercise
- grooming
- training
- socialization activities
- financial responsibility for pet expenses
The spouse who handled most of these responsibilities typically has a stronger claim to custody.
Living Arrangements and Lifestyle
Your post-divorce living situation also plays a role in custody decisions. Courts consider the following:
- Housing suitability: Does your new home meet the pet’s needs? A dog requiring a yard might not thrive in a small apartment.
- Work schedules: Who has more time to spend with the pet? Long work hours or frequent travel can impact your ability to provide adequate care.
- Children’s relationships: If you have children who share a strong bond with the pet, courts may award custody to maintain that relationship.
Financial Considerations
Pet ownership involves ongoing expenses that courts factor into custody decisions. The spouse better positioned to handle veterinary bills, food costs, and other pet-related expenses may receive custody.
Alternative Arrangements
Some Washington couples create shared custody arrangements for their pets, similar to child custody schedules. While courts do not typically enforce these agreements, they may approve them if both parties agree and the arrangement serves the pet’s best interests.
If you have a pet and are going through a Washington State divorce, custody can be assessed. The topic is a complicated one since the current legal status of pets does not fully reflect how every court treats them, so you can expect consideration of their relational value. For more assistance navigating this and the many other questions that come up during your separation, contact LaCoste Family Law. You can discuss with and hire a divorce lawyer in Washington State who will learn, guide, and fight for your case to improve its outcome—for you and your pet.