离婚过程中如何确定宠物的监护权?

• 2021年6月25日
• bet9九州体育登录线路
• 家庭法

We Know the Treatment of Pets in the 离婚 Process Is Important to You.

宠物监护协议由技术人员起草 离婚律师 是至关重要的.

Most people consider pets to be part of the family, not property. 法律对他们的看法不同. Thankfully, our 离婚律师s know a way you can work around that fact. There are steps you can take to create a pet custody agreement during a divorce. This agreement will help determine how pet custody will be handled in your divorce.

我们爱我们的宠物，这是有原因的. 众所周知，伴侣动物可以减轻压力, 教孩子同情心, 并有助于缓解抑郁症状. 当涉及到离婚, deciding who gets Fluffy and Fido is just one of the many areas that must be negotiated. 最近，宠物监护一直是一个热门话题 家庭律师 在全国各地的法庭上. 印第安纳州也不例外.

宠物监护协议考虑到你宠物的幸福

Generally, animals are considered by the 法律 as property, objects to be owned. Judges have been dividing up pets in the same way they divide up tables, 厨房电器, 卧室家具. 然而，这种思维方式似乎正在转变.

超过四分之一的律师 from the American Academy of Matrimonial Lawyers (AAML) report seeing a great increase of pet custody cases in the last 15 years. 阿拉斯加成为第一个通过同性婚姻法案的州 法律 to allow judges to provide for “well-being” of pets in divorce actions, 通过考虑动物的所有权或共同所有权. 这项开创性的立法还允许共同监护, giving the family pet a chance to experience time with both parties, 类似于儿童监护案件.

在印第安纳州, there is no legal obligation by the court to consider pets as anything other than property, so this issue can be decided by the parties themselves as part of their property distribution.

结果可能是一种情感上的痛苦, 因为不满, 悲伤, 恐惧, and anger tend to take over when decisions such as these are underway. Some divorcing spouses have even been known to use the family pet as leverage or demand primary ownership even if the animal was closer to the other spouse.

动物法律保护基金建议 如果你的前任在监护权问题上有困难, 或者你只是想做最好的事情, 你应该找一个关心你处境的律师. The 新奥尔巴尼, IN, divorce 法律yers at Church, 兰登, Lopp, Banet法律 (CLLB) can help. We understand how difficult it is to go through a divorce and how important your pet’s welfare is to you, 尤其是涉及到孩子的时候. We can guide you through all the issues you face and help you make decisions that ensure that you avoid costly mistakes affecting your life in the years to come. We have worked with many families, and we look forward to working with yours.

Contact us today at 812-725-8224 and put our experience to work for you.

如何决定宠物的监护权?

If Divorcing Spouses Can’t Agree, a Judge May Determine Pet Custody.

印第安纳州是一个公平的财产分割州. This means marital property isn’t automatically assumed to be divided equally in a divorce. Instead, the court will divide property according to the way it sees as being most fair.

When the courts consider pets as property, pet custody will be part of the property division. Property is categorized as either marital (belonging to both spouses) or non-marital (belonging to one spouse). 夫妻财产是公平分配的, and non-marital property goes to whichever spouse it belongs to.

如果你在结婚前养过宠物, 通过礼物或继承获得宠物, 或者你的配偶同意宠物是你的, the pet is non-marital property and you will be awarded the pet in the divorce. 然而, if the pet belongs to both of you and is considered marital property, 你和你离婚的配偶不能同意, the court will have to decide who will own the pet through testimony and fact-finding.

法官如何决定宠物监护权

在作出裁决时，法官可以将宠物奖励给 . . .

• the custodial parent of the children so that these innocent parties stay together,
• 最初购买宠物的人，
• 给宠物颁发执照的人，或者
• 宠物的主要看护人.

在教堂, 兰登, Lopp, Banet法律, 我们的律师知道法官会考虑哪些因素, 并能在整个离婚过程中为你提供指导. 我们会回答你所有的问题, 解释你的选择, and handle all legal issues involved to advocate for your rights and needs, 还有你的孩子和宠物.

Our Attorneys Have a Strategy That Values Your Love for Your Pet and Your Pet’s Well-Being.

We can help increase the chances that your pet will remain a part of your life. 我们将采取一些具体步骤来实现这一目标. 当你和我们的律师合作时，我们会…

• 找到能为你作证的证人.
• Get testimony of your veterinarian as to who brought your pet in most often.
• Provide facts about who is best equipped to care for your pet and to provide a good home environment for your pet.
• Show that you have a plan to make sure your pet is taken care of if you are out of town or away for extended periods.
• 证明你是收养或购买宠物的人.
• Prove that you are the primary caregiver and should therefore continue being the primary caregiver. 这可能包括从兽医那里收集收据, 美容师, 教练, 杂货店, 表明你不仅承担了经济责任, 还有照顾宠物的责任.
• Interview friends and neighbors who may have seen you on walks with your pet.

宠物监护协议是最好的选择

It Is Always Ideal to Create a Pet Custody Agreement with Your Spouse.

即使你和离婚的配偶有问题, you may be able to negotiate an agreement if you are both realistic and think about the needs of the animal and your family. 考虑以下问题:

• If one of you is in a small apartment and the other gets the house with the yard, 动物在哪里能过上更好的生活?
• 孩子们对宠物的安排会有什么看法?
• Will you live close enough to shuttle the animal back and forth between two residences?
• Who can best afford investing the time, money and care of the pet?
• 宠物更依恋你还是你的配偶?

If you cannot come to an agreement on your own or through negotiations between 法律yers, 您可能需要考虑使用中介, 尤其是当你用它来解决其他问题的时候.

And if you are not yet dealing with the divorce process, plan ahead. 如果你们没有婚前协议, see if you can construct a postnuptial agreement during your marriage that states who will own the pet in case of divorce.

Call On Our Attorneys for Help with Pet Custody and All 离婚 Issues

离婚 is hard enough without also facing the loss of your beloved pet. 如果你对这个话题有任何问题, you can find out more by discussing it with one of our divoce attorneys at Church, 兰登, Lopp, Banet法律. 我们在印第安纳州各地都有办事处 杰斐逊维尔的离婚律师克拉克斯维尔和科瑞登.

不管你是在找一个 克拉克维尔离婚律师 或者你需要一个 Corydon离婚律师我们会掩护你的. We have years of experience helping people in divorce and child custody cases, 引导许多家庭度过这段艰难时期. For skilled representation, contact us by calling 812-725-8224 or using our online form.