Who keeps the paws? Do I need to share the dog too?

Jack and Jill had a fight over their family golden retriever, Honey Bun.  Jill refuses to allow Jack to take the dog with him in his new apartment.  Honey Bun is Jack's dog.  He was the one who decided to buy it, against Jill's wish, but now she refuses to let Honey Bun go live with Jack.  Jill claims that Honey Bun truly belongs to the children who are very attached to their family pet and as a result, the dog should remain with them in the family home. 
 

Couples who go through separation and divorce can spend a lot of time fighting over how they will divide their personal property like the home, the pension plan and the furniture.  Often, bitter disputes arise about who will get to keep the family pet.  The family dog or cat is as much a member of the family as anyone else and it can be very difficult to part with them. 

When deciding who should get “custody” of the family pet, people focus on their own personal wants and desires and on what they feel would be best for the pet (or for themselves).  Sometimes one spouse uses the pet to try to exert control over the other spouse – and sometimes it works... When there are kids involved, the family pet often becomes a football as the parents figure that where it lands will be where the children will want to land as well.

But here is one thing you might not know:  in the family law landscape, a pet is considered a piece of property (it seems cruel doesn’t it?) and if the issue of who gets Honey Bun is ever decided by a judge, the person who holds legal title to the dog (i.e. the person who can show proof of payment) will be entitled to walk with it.  Keeping this in mind, a pet IS nonetheless a living being (unlike the chair and the RRSPs) and when deciding who should keep it, you should consider the following:

• Who originally purchased the pet?
• What was the intention of the family at the time of purchase?  That the pet be the kids’ friend?
• Who will have primary care of the children? Keeping the pet with the kids can be very important during a divorce because it provides some stability and comfort.  Maybe the pet should travel for a while?
• Who took care of the pet while you were together? Often, parents buy the pet for the children but mom or dad ends up taking care of it full time as the children loose interest in it. Who has become the dog’s Master?
• Will a change in environment result in a change in the pet’s behaviour, including unwanted ones?
• Who has the financial means to keep the pet, i.e., to pay for the food, care and vet bill (if you don’t have a pet, do know that they can become quite expensive to maintain).  Unlike child and spousal support, you cannot get “pet support”!

As with anything else, if you go to court the decision will be made according to the law (i.e. the dog follows its legal owner), but if you settle the issue outside of court, you can be as creative as you want and use a common sense approach when it is time to decide who keeps the paws.