When we think about divorce, we usually think about the division of marital assets like the house, cars, and bank accounts. But what about the family pets? For many couples, pets are not merely property but beloved members of the family. So, when a couple divorces, who gets custody of the pets in Colorado?
Pets As Property
Under Colorado law, pets are considered property, just like a car or a piece of furniture. This means that in a divorce, pets are subject to the same property division rules as any other asset.
Factors Considered In Pet Custody
While pets are still technically considered property, Colorado courts are increasingly recognizing the importance of pets to their owners and are willing to consider the best interests of the pets when deciding custody.
When deciding who gets custody of the pets, the court will consider several factors, including:
- Who always cared for the pet?
- Who purchased or adopted the pet?
- Who has a better living situation for the pet?
- Who has the financial means to care for the pet?
Pet Custody Agreements
Many pet owners have found that negotiating a pet custody agreement can be the best way to ensure that their furry family members are well taken care of. A pet custody agreement is a legally binding contract that outlines the terms of pet custody and visitation.
A pet custody agreement can include provisions for:
- Who is responsible for medical care and associated costs.
- Who provides food and supplies.
- Who is responsible for grooming and exercise.
- How visitation will work.
Mediation And Pet Custody
Divorcing couples may choose mediation as a way to come to an agreement about pet custody. Mediation is a process where a neutral third party helps mediate negotiations between the divorcing couple.
Conclusion
While pets are still technically considered property under Colorado law, the importance of pets to their owners and the role they play in many families’ lives is increasingly being recognized. Couples who are divorcing can choose to negotiate a pet custody agreement or seek mediation to ensure that their furry family members are well taken care of.