Welcome back to the Oxen Dine Law Podcast. You split the assets, you've sorted the debts, but who gets the dog? Today, we're going to talk about that. Believe it or not, pet custody is one of the most emotionally charged issues that we deal with. We know our pets are super important to certain people, and they are no different than any other member of the family. So, in today's episode, we're going to walk you through how pets are legally handled and how you can protect your bond with your furry friend. Christine, I'll tell you, um I remember in a case a long time ago, um this just tells you how emotional this issue is. Although sometimes it's not about the principal, it is all about the emotions. But I've told this story many times. We had this big long like week-l long trial and these people had plenty of money to fight over. It wasn't really about the money. It was about the emotions. And I can't believe the judge let us argue this part of the case, but we found ourselves literally at the end of this week-long trial arguing over who was going to get the plastic dog toys. And we're talking about like little 25 cent squeaker toys, right? Worth nothing. And so we take a break and I go to the other attorney. I'm like, hm, we're arguing over these plastic dog toys, but nobody said anything about the dog. And so long story short, we check with our clients. dog had died like several years earlier and these furniture sitting there arguing over who's going to get the plastic dog toy. So either it was a matter of principle and you know I want it so that she can't get it or these people really love their pet and they wanted to not part with any memorabilia that was associated with the pet. So not to minimize animals but animals are very much a member of of of the family for most not most families for some families and it's an issue that we regularly deal with. >> Right. Well, the thing is, if you have a household pet in your household, to some degree, somebody wanted it, right? Um, it's rare that you just have a pet that nobody wants. Mom don't want, dad don't want, the kids don't care. Um, that's rare. Chances are someone in that household is very connected to that pet. And unlike children where of course, you know, we don't love to involve children in litigation, but children are people too. And especially depending on their age, at an age appropriate level, you can kind of ask the kid, "What do you want? Who would you rather live with?" Um, that's something we can't do with pets. So, how often do you hear, "He wants to be with me. She wants to be with me. The dog wants to stay with me." Right? So, that adds an extra level of difficulty because it is a living thing that we are emotionally connected to, but it cannot give us an opinion. It just simply can't. Um, so there are people imputing human emotions and human wishes and desires onto their pets. >> Yeah. And just to make make sure everybody understands, pets in Georgia when we talk about divorce are treated like property. They're not treated like children. I say this, it's not exactly accurate, but you know, think about your division of the kitchen table and the pots and the pans, right? Animals, unfortunately, or fortunately, depending on who you are, fit in that same category. But in making a decision, I think the court will take into consideration who purchased the pet, who initially wanted the pet. Um, is there anybody's name that's registered to the pet, who's primarily taken this animal to uh the vet, who's walking the dog or whatever type of pet, feeding the fish, whatever it may be on a regular basis. And that certainly would weigh into uh the judge's decision on who toward the >> Yeah. ultimate ownership because also we have to look at what are these people's lifestyles post divorce. Is this a dog who's lived seven years in the same household the same backyard that knows how to use the doggy door that when you go on a walk he knows where all his little buddies live and one spouse is moving into an apartment building. So maybe it's not fair to the dog to have to go live in a one-bedroom apartment and ride an elevator down to just go to a little bitty square to try to use the bathroom when they're used to an open backyard. So, there are a lot of factors that a court will or can look at when everyone's arguing that I want the dog. >> Yeah. And and court will consider those factors, but but again, I do want everybody to understand it's different than the way the court's going to treat like temporary custody of a child because I've had clients in the past, they don't have children, they have animals, >> and we're in a situation where, >> well, I'll be very specific. My client was out of the house, had moved out, was not getting back in. And the wife had the pets, the dogs, and he loved his dogs, and he wanted his dogs. And there were no other temporary issues in the case. Like, we weren't addressing possession of the house or payment of bills. We had no issues on that. But he wanted me to request a temporary hearing solely on the issue of the animal, right? >> And the court would not do that. I didn't even ask for it because I knew the court was not going to schedule me a temporary hearing to address who's going to have possession of the dogs while the case is pending. But yes, by the time we finally got to the final hearing, we addressed that issue before the court. There were two dogs and to no surprise, my client got one dog and and the the wife got the other dog, right? >> But but don't expect a court to see temporary possession of the pets as an emergency. If you're going to have a temporary hearing anyway because you need a hearing to address temporary custody and where everybody's going to live and how the bills are going to get paid. That's certainly something the court will address at the temporary hearing along with the other issues which is who gets temporary possession of the pet, who's going to pay for the expense of the pet. But don't expect to get a special sep hearing just on the issue of temporary possession of your pet. And while pets are gaining in popularity when it comes to courts actually considering that they are not an item of property, they will be a little more lenient on that. You know, if it was, like you said, a kitchen table, it's going to be, well, who bought it? Or was it gifted from one of your family members and that's just kind of it? Or flip a coin. Um, they're going to give a little more consideration than that. But at the end of the day, because the law is that they are property, do not expect a judge to give you a joint custody or parenting time schedule with your pet. One person will own the pet because it is legally considered property. That's not mine and Jared's opinion. We're not telling you that that's not important. We're telling you that in the eyes of the law, it's a piece of property and no other piece of property in that house is going to be co-owned. You're not going to jointly own the washing machine and take it back and forth, you know, from visit to visit. So, they're not going to. Now, parties can agree to it should they want to, but I advise against it, but nevertheless, um, a judge is never going to give you. >> Yeah. And I spend much time on it. Everybody's different. I I've never once recommended to my clients to share custody of a pet. Now, there are some judges that sign off on it if you reach an independent agreement where you're, you know, exchanging the pet almost like you would for visitation time with a child. >> And importantly, the pet can go with the child. So if this is a a child that's bonded to its dog or cat and the parties are like, "Yeah, that would be great for the child." Judges will highly consider that that the dog is awarded to the child when it comes to where the counter staying, >> right? But from a private standpoint, and again, you don't have to take this is just my personal opinion. There are plenty of people that do it. If you have nothing else that ties you to your ex-spouse and you don't have children together and you're doing a clean break and you're separating, do you really want to be now tied to your ex because you have to see them every other week or every two weeks to exchange the pet? Think about how that works in practice long term. I would suggest not a good idea, but you certainly can do it if you want to. And there are judges that would sign off on that. Christine, um, new change in the law coming on the family violence statute for uh, for pets. >> And I do think this is a very important change in the law. Um, anyone who's dealt with situations of domestic violence knows that a lot of times a victim of domestic violence, male or female, a victim of domestic violence will look to something, cling to something for that love and support. And very often they have become bonded with a pet. And that could be anything, dog, cat, guinea pig, parrot. It is common for a victim of domestic violence to become emotionally bonded to a pet because they're not receiving the sort of emotional support that they deserve from their partner. Um, so what does that abuser do? Immediately use that as a tool to keep them. Okay, fine. You can leave, but the dog stays. Yeah. Yeah. Yeah. If you leave, I'm going to kill the cat. So those pets off so often become a way to control someone in a domestic violence situation. And previously because they were property, they weren't considered in a petition for protective order. That's just that we don't do property at that time in a petition for protective order. The law has changed. So household pet has been specifically carved out that just like a child, a household pet can be named in a protective order and there can be protections offered. If the victim of domestic violence is receiving that protection, that protection can also extend to their household pet. >> Pets are like family. It sounds like the law is catching up to that. If you enjoyed this episode, hit subscribe, share it, and don't forget to give your dog a treat today. We'll see you next time.