In the past, pet custody was written off as a part of property division. Now, more and more courts are allowing pet custody cases to take priority in a divorce, and are helping couples to determine just who gets the family pets. The American Academy of Matrimonial Lawyers issued a survey and discovered that there has been a rise in the number of couples who have fought over custody of a pet during the past five years. 27% of lawyers say that they know of or have dealt with a case of this nature.

This is partially because many people have an emotional attachment to their pets. Some adults treat their animals like children, and are very attached to those animals. 22% of all attorneys note that more courts are allowing pet custody cases. 20% of all attorneys cited an increase in courts deeming pets to be an asset during the divorce. 88% of all pet custody cases are involving dogs, and 5% are involving cats.

In addition to the emotional attachment, pets also have significant value. For example, a show dog that has won significant awards may be a valuable investment, and both adults may want the dog because of his or her potential to earn money. Horses can also be a valuable asset, and even cats can be placed in shows where they may earn significant prize money. Most courts will look at the value of the animal when determining how to divide this "asset."

Some parties insist that their pet is more than just an "asset" and that they want the animal to be their emotional support during this difficult time. Pet custody cases aren't an everyday occurrence, but attorneys believe that pet custody is an issue in about 15% of all divorce cases. Some spouses will use the animal as a negotiating item. For example, one spouse may have a real emotional attachment to the pet while the other is only using the animal as a way to get more property for his or her benefits.

You want an attorney on your side to make sure that your animal situation is handled with full fairness. There are some cases where a spouse will complete manipulate the other spouse in order to get assets in a divorce, preying on one spouse's vulnerable attachment to a dog or a cat. If you have an attorney on your side, you can make sure that you aren't manipulated into an unfair situation.

The courts can often determine which spouse has the tightest emotional bond with a pet. The court may then decide to grant the spouse with the highest emotional attachment permission to care for the pet. The court will make sure that one spouse isn't preying on the other or using manipulative techniques. If you are a spouse that is receiving threats about your cherished pet, attorneys suggest that you don't give in to the arrangements that your spouse may have placed on you.

The issue of pets in divorces continues to garner more and more attention, and may become an even more serious situation as time goes on. More and more spouses are choosing to avoid having children and instead caring for pets. Child custody is a very different issue from pet custody in divorce cases. In fact, child custody involves schedules and visitation, whereas pet custody is simply a distribution of assets. If you want more information about how to keep your beloved pet, then don't hesitate to locate a local divorce attorney. You will want a compassionate advocate on your side as you handle this issue.