Who gets the Family Pet in a Divorce in Texas?

by Bryan Fagan on Sep. 16, 2016

Divorce & Family Law 

Summary: Who gets the Family Pet in a Divorce in Texas?

Children, property, debts and dissolving the marriage. These are the items that anyDivorce Decree in Texas must deal with and settle prior to a judge signing the document and finalizing the end of a marriage. Included in the category of "property" are our favorite four legged friends- dogs. 

A Court will base their decision on property law in Texas unless you are able to show that your pooch should be considered your separate property. For a lot of people, this is a tough idea to wrap their head around because a dog can be as much a part of the family as any person. To do so you must prove that you owned your dog prior to the marriage or that the dog was gifted or willed to you during the course of the marriage.

With this in mind, parties to a divorce can treat their dog as they would a child if they so choose and create a visitation schedule. This allows both puppy-parents to see their dog on a set schedule and to split costs in a more equitable fashion. Applying a "best interest" standard, similar to how a court would determineconservatorship of a child, can go a long ways towards helping parties to a divorce decide who should get primary "custody" of their dog. For example, if the husband is going to move out of the family home and into an apartment it may behoove him to consider the dog's well being and allow his furry friend to live primarily with the wife. 

If a settlement cannot be reached with your partner, it's important to show a court that you have the time and ability to devote the necessary energy and attention to your dog's care. This includes providing the court with your history of taking the pet to the veterinarian and groomer. 

divorce is an often times tedious and stressful process as it is and adding in the fate of your family dog increases the unease. The attorneys and staff at The Law Office of Bryan Fagan are not only experienced advocates for the rights of human beings, but are dog lovers to boot. Dog owner or not, we are eager to take on your case and represent your interests. 

LAW OFFICE OF BRYAN FAGAN | SPRING, TEXAS DIVORCE LAWYERS

If you have questions regarding divorce, it's important to speak with a divorce lawyer right away to protect your rights. Our divorce lawyers are skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online form. Law Office of Bryan Fagan handles Divorce cases in Spring, TX, Spring, Cypress, Klein, Humble, Tomball, the FM1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers, Galveston, Brazoria, Fort Bend County and Waller County.

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