When a couple goes through a divorce, many issues need resolution, from spousal support to asset division. One often overlooked but emotionally charged issue is pet custody. In Texas, pets are considered property, which influences how courts decide their fate during divorce proceedings.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Pets as Property Under Texas Law
Under Texas law, pets are considered personal property. This classification means that, unlike children, pets do not have custody rights. Instead, they are treated similarly to other valuable items owned by the couple. During divorce proceedings, the court will typically decide on pet ownership based on who purchased the pet, whose name is on the pet’s registration, and who has primarily cared for the pet.
The Texas Family Code and Its Impact
The Texas Family Code provides the legal framework for family law in the state. It outlines the rules and procedures for divorce, child custody, property division, and other family law matters. When it comes to pets, the code treats them as part of the marital property that must be divided during divorce proceedings.
Texas Family Code Section 3.003: This statute presumes that property acquired during the marriage is community property and thus subject to division upon divorce.
Texas Family Code Section 7.001: This statute requires the court to divide the estate of the parties in a manner deemed just and right, considering the rights of each party and any children of the marriage.
Factors Courts Consider in Pet Custody Cases
Even though pets are considered property, Texas courts recognize the special bond between pets and their owners. When deciding who gets the pet, courts may consider several factors:
Primary Caregiver: Who has been the main person responsible for the pet’s care, including feeding, walking, and veterinary visits?
Living Situation: Which party’s living situation is more conducive to the pet’s well-being?
Children’s Attachment: If there are children involved, courts might consider where the children will live and their attachment to the pet.
Pet’s Best Interest: Although not legally required, some judges may consider what arrangement serves the pet’s best interest.
Practical Steps for Pet Owners
For pet owners facing divorce, taking practical steps can help in the pet custody decision:
Gather Documentation: Keep records of veterinary visits, registration papers, and receipts for pet-related expenses.
Prove Primary Care: Document who primarily cares for the pet through photos, videos, and witness statements.
Consider a Pet Custody Agreement: Couples can negotiate a pet custody agreement that outlines visitation rights and responsibilities.
Why Choose Turner Monahan PLLC?
- Experienced Representation: Our lawyers have assisted thousands of families through the divorce process over the past 50 years.
- Personalized Strategy: We create custom-tailored strategies to meet your goals and protect your rights.
- Integrity and Dedication: We pride ourselves on our commitment to serving our clients with integrity and dedication.
Discuss Your Case With Turner Monahan, PLLC: Your Advocates in Difficult Times
At Turner Monahan PLLC, we understand the importance of pets in your life and the emotional impact of divorce. Our experienced attorneys are here to help you navigate the complexities of family law, including pet custody.
Since 1973, our firm has been dedicated to providing high-quality, experienced representation in all family law matters, including divorce, child custody, and property division. Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
