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California divorce attorney, California mediation lawyerWhen a pet-owning couple goes through a divorce, which spouse retains custody of the animals can be a contentious issue. While many people consider pets to be part of the family, California law considers pets to be property.

California has many laws on child custody, but it has no laws that specifically govern what happens to pets when owners divorce. For this reason, a court will not rule on a custody agreement for animals the way it would if there are children involved. Instead, it may consider the pet to be an asset of the marriage, much the same way a car or computer would be considered.

Because of this, many people find that mediation is a better way to resolve pet custody issues. With mediation, the parties are not bound to treat their divorce the same way a court would. In mediation, a pet would not automatically be classified as property. Rather, a pet’s best interest and well-being could be considered. In a mediation, a pet would be treated as a member of the family who is also affected by the changes that come with divorce.

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California property division lawyer, California divorce attorneyTo those who have never owned a pet, the idea of battling over custody over one may seem ludicrous. For the 79.2 million proud pet-owning American households, in the event of a breakup or a divorce, the future of their family member is at stake. In California family court, pets are property, but have more consideration than many other states. During property division proceedings, some pet provisions can be negotiated, similar to child custody and visitation decisions.

Establishing Primary Custody

Whether you have a rescue or a competition show animal, you understand that the bond between humans and their animals are inexplicable. Occasionally, the pet has a greater attachment to one family member, and the animal can remain in their custody after a split. Unfortunately, sometimes divorce gets ugly, and the things we love can be used against us. It is essential to demonstrate proof of a bond as well as ownership to safeguard yourself against this possibility by ensuring your name is the one consistently showing up on documents. A few ideas to help you begin a form search are:

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