Can You Fight for Custody Over Your Dog?

Can your fight for custody over your dog? This concept might seem a little silly to some, but our furry friends are our family members.

Here are some things to consider when considering fighting for custody over your canine companion.

What the Courts May Consider

When you are involved in a custody battle, the courts may consider several factors when resolving disputes.

These factors may include:

• Who purchased the animal,
• Who is the animal’s primary caregiver, and
• Who will give the animal the best quality of life

Courts in the Different States

Most courts throughout the US award custody based on who the legal owner is. That precedent has recently changed in several states, though. A few states like Alaska and Illinois now require the animal’s best interest to be considered in custody cases.

This idea is expected to become the new precedent as more states begin to adopt this requirement. Each state varies, so inquire with your attorney on the laws of your state.

Ownership in the Courts

Like aforementioned, animals are considered property to the law, so it is essential to provide proof of ownership. If you were the one that adopted or purchased the animal, these typically count as ownership.

Some factors to consider include:

• If you were not the one that purchased the animal, you might be able to prove that you are the primary caregiver instead.
• You can prove that you are the primary caregiver with information like receipts, items purchased, and other valid factors.
• You may be able to utilize neighbors, family members, or friends that have witnessed your consistent interaction with the animal.

Alternatives to Custody

Going through a custody battle can be difficult, but a judge may award visitation or partial custody even if you do not win complete control.