Texas Divorce Attorney Blog
With an increasing number of couples having children in their 30s, or skipping having children altogether, pets are taking on a whole new role for many Texas couples: a temporary stand-in for children and sometimes even a permanent replacement. As a result, more Texas couples consider their pets to be members of the family now than ever before. Pets now accompany us to restaurants, sleep on memory-foam mattresses, and even have their own social-media accounts. However, when it comes to divorce, many Texas couples are understandably unsure what might happen to their “fur baby.” Will their pet be awarded to their soon-to-be ex-spouse, never to be seen by them again? Will the Court order shared possession of their pet, like it would a child? Is it possible to get court-ordered FaceTime sessions with a miniature poodle?
Pet Custody in Texas Divorce
While a few states, such as California, Alaska, and Illinois, have given legal recognition to the unique role that pets play within the family, Texas law still considers pets to be personal property in the divorce context. As a result, Texas divorce courts are unlikely to order shared possession of a pet like they would a child. In this regard, Texas divorce law creates a zero-sum game: either you are awarded the family pet or your spouse is. With this in mind, it is important to inform the Court to whom the family pet should be awarded and why.
- Is your pet a prescribed companion animal?
- Did you own your pet before marriage? This renders your pet separate property.
- Did someone gift your pet to you before or during marriage? This also renders your pet your separate property.
Many of the same arguments that might persuade a Texas divorce court to award you a house, car, or retirement account can and should be utilized to ensure that Fido comes home with you after final trial.
With that being said, the fate of your pet, post-divorce, is not all zero-sum doom and gloom. While Texas divorce law does not provide any legal justification for shared possession of a family pet, couples are free to reach agreements amongst themselves for exactly that. Texas grants couples wide discretion in crafting the terms of their own divorce, so long as both parties are in agreement. Spouses can agree to split possession of a golden retriever, can enjoin each other from teaching a parrot to insult one another, and can even agree to provide support for the family cat. When in agreement, the possibilities are endless.
However, regardless of whether or not you and your spouse are in agreement about who gets the family pet and when, an experienced Texas divorce attorney can help you accomplish your goals. To help maximize your chances of keeping the family pet in your life, post-divorce, call the seasoned attorneys at McClure Law Group at (214) 692-8200.