Many of us who own pets know they’re much more than just property. The law, however, often treats them as possessions in divorce. That is changing, however.
Oregon Pet Laws: The Legal Value Of Pets
Animal lovers often view their pets differently than the law does.
In a legal sense, the law considers pets like dogs, cats, horses, and all the rest to be property. In this regard, they’re no different than a car, couch, or other possession.
Though pet owners ascribe them a much greater worth and importance, companion animals have a monetary value. In many divorce cases, courts assign a dollar amount to animals and treat them like any other property.
Ideas around pet custody have changed somewhat, and though it’s a gradual process, courts have recognized the significance of companion animals beyond a simple dollar amount.
In some cases, settlements account for the emotional loss pet owners experience. A handful of states have passed legislation that can award substantial monetary settlements for the loss of affection and friendship of pets. This is an evolving area to watch.
Property Or Family Member?
In 2016, the Oregon Supreme Court ruled on a case that may affect how Oregon pet laws treat our animal companions going forward. This could spill over into divorce and pet-custody battles.
The case at hand involves a Portland-area dog owner found guilty of starving and neglecting her animal. A veterinarian collected evidence for the case, drawing blood from the dog.
The issue is that the vet acquired this evidence without a warrant.
Oregon’s high court ruled that dogs are not “mere” property, like a suitcase or other container. As such, officers don’t need a warrant to search them.
Broadly, this decision makes it easier to pursue criminal charges against animal abusers. It also reflects a changing view of animals in the law.
How This May Impact Divorce Settlements
Custody battles involving children are often hotly contested cases. In recent years, fights over who gets pets in a divorce have become increasingly common.
While numerous legal precedents determine where the kids end up, the path for pets is less clear, even though these situations often involve similar emotions.
Animals continue to play vital roles in many of our lives, and battles over pet custody are now commonplace. This isn’t going to change anytime soon, and as we continue to value their presence, our pets’ legal status changes by degrees. This latest case may be another step in that direction.
Determining Pet Custody
Despite the emotional value we give our pets, Oregon law classifies them as property. Courts can distribute them as such in divorce and separation cases.
This varies widely from judge to judge and court to court. You can never be fully certain how a particular case will go. Some judges are sympathetic while others may view arguing over who gets the cat as a waste of time.
When determining who gets pet custody in a divorce, several factors come into play.
- Who acquired the pet in the first place can be a determining factor.
- If there is a purchase agreement or adoption certificate in the case of rescue animals, the court may take that into account.
- If you obtained your dog before your marriage, that will likely factor in.
- Things get tangled, however, as many couples, married or otherwise, adopt or purchase pets together.
Who serves as the primary caregiver may also factor into pet custody. If one spouse tends to an animal’s day-to-day needs, that can matter.
If you feed the cat, walk the dog, take them to the vet, buy their food, make sure they’re properly licensed and microchipped, and handle all those necessities, it may factor into guardianship. As before, things become hazy if both spouses equally participate in this regard.
The court may also consider the animal’s best interests, as it does in custody cases involving children. If it’s clear that one spouse is the better provider, or that the animal’s health and well-being may be in question, the court may award custody on that basis.
Ways To Protect Pet Custody
As much as we value many of our companion animals, pet custody may still come up in your divorce. With their legal standing falling in such shadowy territory, you may want to take steps to protect your interests.
A premarital agreement can help ensure you retain custody of your pets. This is easier when you already own the animals. But you can create a treaty that specifies where the animals end up.
Even if you and your spouse acquire an animal together, you can set up a custody plan in advance. That way, if your relationship crumbles around you, Oregon pet laws aren’t a concern, and your animals are taken care of. These types of arrangements may not always be 100% legally binding. However, the court may consider them when dividing property.
Other Custody Options
Other options to explore include arbitration or mediation.
Some judges won’t want to hear this type of argument. So this route may give you a better chance to present your case and retain custody of your child than in traditional divorce proceedings. You may be able to concede certain assets and reach an agreement with your spouse.
As with human children, shared custody with visitation rights is also a possibility.
You and your soon-to-be ex may be able to hash out an informal agreement. Again, this may not be legally enforceable, but if both parties are willing to play ball, this is an option.
Related Reading: 9 Common Mediation Questions Answered
Legallye, pet custody doesn’t always reflect current social standards. This is changing in several ways, as illustrated by the case mentioned in Oregon. For the most part, however, Oregon pet laws designate Fido and Mr. Kitty as property. As a result, courts most often treat them that way in a divorce.
Many attorneys have found creative ways to argue the value of companion animals in court. Though attitudes and laws continue to shift, the process is gradual.
If you form close emotional connections with your pets, you may want to take steps to ensure they remain in your care in a divorce.
Related Reading: Enforcement Proceedings: How to Protect Custody and Visitation Rights