Going through a divorce is an emotional and challenging time, especially when children are involved. However, for pet owners, there is another important question that arises: what happens to their beloved furry friends? In New Hampshire, pets are considered personal property just like a car or a piece of jewelry. As a result, they are subject to division during divorce proceedings. However, the process can be complex and emotional, requiring careful consideration.
Identifying The "Owner" Of The Pet
While most people view their pets as cherished members of their families, the legal system recognizes them as property. Therefore, determining the ownership of pets in New Hampshire follows the same principles used to allocate any other asset – it goes to the legal owner.
To ascertain pet ownership, the courts will analyze various factors. These may include who paid for the pet, who has been responsible for its care, and who has spent the most time with it. In addition, the court may consider whether one spouse owned the pet prior to the marriage or if it was acquired during the course of the marriage.
Filing A Petition For Custody
Though the law primarily recognizes pets as personal property, New Hampshire has taken a progressive step. Judges in the state can now consider "the care and well-being" of any animal when determining custody arrangements. In 2018, New Hampshire joined a select few states in allowing pet owners to petition for pet custody.
If you wish to pursue a petition for pet custody, it is crucial to file before your divorce is finalized. To strengthen your case, you will need to demonstrate your role as the primary caretaker of the pet and show that it is in the animal’s best interest to remain with you.
Negotiating A Settlement
Ideally, both parties should try to reach an agreement on pet custody without the intervention of a judge. If both you and your soon-to-be-ex desire custody of your pet, it may be possible to negotiate a settlement that allows for shared time with the animal.
To facilitate this process, a Joint Pet Custody Agreement can be extremely beneficial. This agreement would outline how the custody of the pet will be divided, who will be responsible for veterinary expenses, and any other pertinent details. By incorporating this agreement into your divorce settlement, you can establish a clear framework for the ongoing care of your pet.
Conclusion
Undoubtedly, pets hold great significance and are regarded as more than mere property by their owners. The question of custody can be emotionally charged and complex. However, the courts in New Hampshire take the welfare of animals seriously and strive to make decisions that are in their best interest. By negotiating a settlement or filing a petition for custody, you can increase the likelihood of retaining custody of your beloved pet while ensuring their well-being remains a top priority.