Contributed by Karis Nafte, CDBC, a worldwide pioneer in dog-focused pet custody matters. A Certified Dog Behavior Consultant and Divorce Mediator, she works worldwide helping her clients focus on the best needs of the dog during divorce and separations.
Pet Custody: Have you thought about who will keep the dog?
Yes, this is an uncomfortable question, but it is something you should discuss with your partner before you would ever think you need to. Then, if you are ever in the position where you must decide “who keeps the dog?” it will save you, your partner, and your dog from a potentially expensive and explosive situation.
In South Africa and most of the world, pets are officially considered personal property. This means that they are legally a possession, an item, owned by one person – just like a television or a car. When a separating couple is fighting over pet custody, the person who is identified as the legal owner will be allowed to keep the dog, even if the dog is more bonded with the other person.
RELATED: Pets in a divorce: Who keeps Duke and Daisy?
‘Pwoof’ of ownership
While the law is straightforward about pet ownership, proving rightful ownership isn’t always clear and can be determined in different ways. The name on adoption papers, kennel club or breeder registration is often primary proof of ownership. Also, the name that is listed on vet records, pet insurance documents, or microchips forms, or bank records can be a factor proving which person paid for the dog.
However, if the dog was bought as a gift for a spouse this point can also be argued, but there are no guarantees of what the outcome will be. The whole reason to discuss pet custody between the two of you while you are still happy in a relationship is to avoid the hugely costly and utterly unnecessary legal battle of fighting over the custody of your dog in the unexpected event of a divorce or breakup.
What about shared custody of the dog?
Planning to share your dog if you separate (i.e., shared custody) might seem like a peaceful way to avoid making a hard choice about your dog’s long-term owner, but here are some realities to think about:
Firstly, shared custody can be hard on dogs! For many dogs moving between homes is stressful and unsettling. Certainly, some dogs can tolerate this sort of lifestyle, but it is rarely the best option for them.
Secondly, a shared custody arrangement will keep you in contact with your ex for years to come, which is not ideal for most people. Of course, if you have children, you will be in your ex’s life regardless, but for couples without kids this is something to consider wisely.
Many clients I work with are utterly distraught that years later they must stay in regular contact with their ex because of their dog’s shared custody plan. At the time, agreeing to share their dog seemed like the kind and reasonable thing to do, but down the line the dynamic can become tiresome and sometimes people feel they can’t really move on because of the constant need to reconnect with their ex.
Discuss honestly who your dog is more bonded with. While your dog loves you both, many dogs do have one person who they are most connected with. Or, which of you will be the most suitable owner in the long run.
When the decision is made, put that person down on paper as the dog’s official, registered, recognized owner. Hopefully you never need to bring it up again! However, if the unexpected should happen and you do end up going separate ways your dog won’t be caught between you in a fight and things can be peaceful for everyone involved.
Remember: This blog is intended for informational purposes only and should in no way be regarded as a substitute for professional legal advice.
