Can I get pet custody during a divorce in Washington DC? Now you can! In December of 2022, Washington DC joined several states who require judges to hear evidence on what is the best interest of the pet. These states include Alaska, New York, New Hampshire, California, and Illinois. In these cases, the Court will hear evidence as to who is taking care of the dog, cat, bird, or other pet. Who is walking the dog? Who is feeding the cat? Who is cleaning up after the pet? Who is taking the pet to the vet? etc.…
Pets Are Family Too
The majority of Americans feel as if their pets are part of their family. Pets provide unconditional love, and they don’t talk back to us, unlike our spouses.
Unfortunately, Virginia does not recognize pets as children, and perceives them as personal property, such as a bank account or a car. Virginia only looks at the ownership records, such as licenses, the adoption contract, and the names on the vet records.
Proving Ownership
If the cat is your pet, make sure you are taking care of the cat. Get the cat chipped under your name. Take the cat to the vet for their annual examinations. Make sure you register the cat with the county or city you which you live, under your name. These types of matters show ownership.
With this said, if you and your spouse can agree in writing the custodial schedule for the pet, the Court will enforce it here in Virginia. I have written property settlement agreements where the dog goes back and forth with the minor child and the parties equally split the cost of the vet bills. I have written agreements where one party has the animal, and the other party has visitation rights.
Act Fast
Please don’t tell your attorney a week before trial that you want the dog. This does not give us enough time to obtain and disclose the paperwork to opposing counsel. If the pet is very important to you, bring it up in your consultation.
Get Pet Custody in Divorce Washington DC
If you have any questions about how to get custody of your fur baby, please contact us.
