How to Get Pet Custody After a Breakup

Many people see their dogs and cats as a full-fledged member of the family. When you decide to go your separate ways, you need to look for a custody solution for pets, especially Fido and Fluffy. In this article, we will give you a look at ideas on how to get pet custody after a breakup.

Read the Law

Look for an attorney

Family law is very reaching and detailed. There are a lot of different things that can impact your case. So, you should hire a local attorney who has a lot of knowledge things your judge favors as well as disfavors. If you can’t pay for a full-service attorney, think about some attorneys such as giving you legal advice, preparing documents, and teaching you the law, or coaching you through the process.

Read the statutes

It’s not difficult to look for a link to your state’s statutes on the webpage for the highest court, your state’s legislature, as well as governor’s office. It’s essential to search for community property, property distribution, equitable distribution, or divorce. You can find them in a chapter entitled something such as divorce or domestic relations. They will help you learn about the way your state defines the property.

Search case law

It’s essential to define terms and phrases in statutes because your courts surely will make them come before you. You can search for key phrases about your jurisdiction in Google Scholar thanks to a case law database added. You can try some keywords such as “marital property”, “custody”, or “Pet”.

Come to an Agreement

Compromise with each other

It’s best to make an agreement by giving up your rights to the property. You can use them to change for your pet. Of course, courts will accept this compromise agreement as long as they are grossly fair.

Use mediation

You can participate in mediation whenever you think it is effective. In fact, mediation can occur whenever in a case.

You can also have to go through mediation for your divorce. If mediation is successful, you need to provide a signature and submit the documents to the court. On the contrary, you will have to proceed to court.

Determine the way a court would rule

If your dog was yours prior to the marriage, it will be considered as a separate property. That means your dog won’t subject to property distribution. If you may get the pet from a court, you will also get more leverage in negotiations. If you want to get custody, there are a lot of things to show the court to make it award the pet to you such as evidence you take him to the vet.

Make an agreement in writing

Any agreement can be reduced to writing. It’s essential to reduce the agreements to writing even when your agreement can’t deal with all issues in your divorce. Then, submit them to the court.

Fight in Court

Determine the appropriate court location

Even if you agree on all of the issues, you still have to file your divorce in court. In addition, it’s important to obtain the judge’s signature on the order. We recommend you to hire an attorney for this. Then, determine the family court location in your state. Next, it’s time to locate the court of the same name in your parish or local country. Don’t forget to file in in the country you have lived.

Complete the appropriate forms

Most states offer pre-prepared forms for family law. It’s easy to find them on the website for your local court. Also, your local self-help center will provide you assistance finding as well as completing forms.

Prepare for filing

If you complete the appropriate forms, you have to sign them. Any forms with a notary block on them will be signed in front of a notary. Then, you need to have 2 copies of all documents.

File your documents

File the original set of documents to the court. You will have a filing fee if you don’t apply and qualify for a waiver. Then, you need a stamp on your copies that come with the filing date. Also, the clerk has to sign your summons that he will return to you.

Serve the other party

Your summons or citation need to be signed by the clerk when filing your documents. You need a copy of the signed summons for your records. At the same time, attach the original summons to the other parent’s document copies. These documents will be received within 90 to 120 days after you file.

Wait for the answer

In most states, the other party can file a written answer within 21 or 30 days. So, you will get a copy of the answer. In the case, there is no answer filed, it’s time to file for a Default Judgment.

Learn about the Rules of Evidence for your state

Make sure you understand them. An attorney will help you with any questions about them. You ensure to collect admissible evidence to show the court you see your dog as your separate property.