For many people, their dog is their best friend. Dogs are incredibly loyal and an important part of your family unit. But what happens when you get divorced? Who gets the dogs after a divorce?
While you may view your dog as your fur baby, in Georgia, as in many other states, the courts treat pets as property rather than children. However, recent legal changes have allowed for more nuanced approaches to pet custody.
If you want to keep the dog after your divorce, immediately consult with an experienced Atlanta divorce lawyer. Your attorney can develop a plan to help you gain custody of your dog after the divorce.
Georgia’s Legal Perspective on Pet Custody
In Georgia, when it comes to divorce and deciding who gets the family dog, Georgia law sees pets as something similar to any other property you might own, like a car or a piece of furniture. This means that pets are treated as assets that can be divided between the spouses, like your savings, home, or other belongings.
If one spouse bought or adopted the dog before the marriage, that dog belongs to that spouse individually. The courts do not consider pets acquired before marriage a part of marital property. If you bought or adopted the dog during your marriage, it is marital property, and the courts will assign ownership equitably.
However, unlike dividing up money or furniture, the court’s main goal in deciding who gets the dog is to be fair and ensure both spouses are treated reasonably. The court’s focus isn’t solely on who loves the dog more or who has a stronger attachment; it’s about finding a fair solution that considers the best interests of both parties involved in the divorce.
The Best Interests of the Dog
When deciding who gets the dog in a divorce in Georgia, the court does consider what’s best for the dog’s well-being.
While, legally, dogs are regarded as personal property, judges in Georgia understand that dogs aren’t just inanimate objects. They’re living, breathing beings with feelings and needs. So, when determining who should have custody of the dog, they consider several key factors, all of which revolve around the dog’s best interests.
- Primary Caregiver: One major factor that judges consider is who has been the primary caregiver for the dog. If you’re the one who feeds, walks, grooms, and provides most of the day-to-day care for your furry friend, it can be a strong point in your favor. To prove that you’re the primary caregiver, document your responsibilities and provide strong evidence. This might include your signature on vet bills or statements from neighbors and friends.
- Living Arrangements: The court also looks at where the dog will live after the divorce. If you have a stable and dog-friendly living environment, it can work in your favor. Judges want to ensure that the dog will be in a safe and suitable place, which can influence their decision.
- Dog’s Well-Being: Above all, the court aims to prioritize the dog’s well-being. This includes not only their physical health but also their emotional and psychological needs. If one spouse can provide a more loving, stable, and nurturing environment for the dog, the court may consider that.
In essence, even though the law treats dogs as property, there’s room for judges to consider the unique needs of these beloved pets. It’s not just about who paid for the dog or whose name is on the adoption papers– it’s about ensuring the dog’s happiness, safety, and overall quality of life. So, when it comes to custody battles over your four-legged family member, emphasizing your role as the primary caregiver and demonstrating your commitment to your dog’s well-being can go a long way in convincing the court to rule in your favor.
Mediation and Negotiation for Custody of Your Dog
When determining who gets custody of the family dog in a divorce in Georgia, the thought of leaving such an important decision to a court can be unsettling. Fortunately, mediation and negotiation are more amicable and less uncertain alternatives.
Mediation and negotiation allow you and your ex to collaborate and reach a mutually agreeable resolution regarding pet custody, which can be far more preferable than letting a judge decide for you.
You and your attorney can work together with your ex’s legal counsel to arrive at a decision that is best for everyone, including your dog.
Contact Our Atlanta Divorce Lawyers
Hobson & Hobson, P.C. understands that divorce is never easy, especially when you have pets. Our experienced Atlanta divorce lawyers can help you explore all your legal options and protect what you value most.
To schedule a consultation, please call us at (770) 284-6153 or fill out our confidential contact form. We are here to help you simplify the divorce process and take the burdens off of your shoulders.
