Will the Court order shared custody of my family’s household pet?
No. In Missouri and Kansas, household pets are considered personal property. This means the court cannot award or enforce a custody arrangement for pets in the same way it would for children. This legal stance can be disappointing, especially when minor children are attached to the family pet and the parents wish to maintain stability in their lives post-divorce.
Some states have adopted laws that treat pets more like family members than property. For instance, in Illinois, divorcing parties can ask the court to consider the “well-being of the companion animal” when allocating possession and responsibility for the jointly owned pet, similar to a child custody arrangement.
On the other hand, Missouri and Kansas continue to treat pets as personal property. As a result, one party will be awarded the family pet, and the other will have no enforceable rights to the pet.
So, what are your options?
If a creative agreement can be reached on somehow sharing custody of a pet, the Court may uphold specific contractual provisions regarding pets in divorce settlement agreements or parenting plans. If the parties agree that the pet will go back and forth with the child, this arrangement will likely be enforceable.
Collaborating to agree on a shared pet arrangement enables both parties to stabilize the family unit during a challenging time. It is important to note that not all Missouri and Kansas courts will honor these types of contractual agreements. Meet with a qualified family law attorney to discuss your options.
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