Pet parents preparing for divorce are often very anxious about the process. While those with minor children understand that shared custody is standard, those with shared pets may feel less certain about their rights.
Illinois is one of the few states that currently allows people to request joint pet custody. However, just because it is possible doesn’t necessarily mean it is the best solution available. Those preparing for divorce as a co-owner of a pet may need to ask themselves the three questions below before litigating or negotiating with the goal of sharing pet custody.
Can the pet handle shared custody?
Not all animals tolerate shared pet custody arrangements well. Older pets of all types may have a hard time traveling and adjusting to different environments repeatedly. Cats of any age may require weeks to acclimate to a new living environment and they react poorly to motor vehicle travel. Birds and small animals not familiar with a new environment may try to escape after a pet custody exchange, with potentially tragic results. People need to consider whether a pet is capable of tolerating shared pet custody before proposing such arrangements.
Can both spouses commit to a schedule?
For shared pet custody to work, the spouses need to have a predictable system for when they exchange pet custody. Those who frequently travel for work or who keep highly irregular schedules may not necessarily be in the best position to have regular custody exchanges with a spouse. Any deviation from the established schedule could potentially result in conflict. People need to consider how reliable their schedules are before pushing for a shared pet custody agreement.
Is ongoing interaction going to prove stressful?
Losing contact with a pet can be a devastating experience during divorce. However, the need to regularly interact with a manipulative, abusive or narcissistic individual could make shared pet custody a source of ongoing trauma. Those preparing for divorce need to ask themselves whether weekly or biweekly pet custody exchanges are feasible given the state of their relationship with their spouse.
For some people, requesting sole pet custody is the best option because they have the time and resources to provide for a pet. Other times, people sometimes have to make the difficult decision to let a beloved animal stay with the other spouse because that is what may be best for the animal. In cases where animals may tolerate shared custody and spouses can handle such arrangements, it may be possible to continue sharing responsibility for a pet even after divorce. Learning more about the unique divorce statutes on the books in Illinois can help people plan for an upcoming divorce.
