Pet Custody Disputes

In many divorce or separation settlements, the most complicated matters to resolve are child custody arrangements and division of the couple’s shared property. In recent years, however, more and more couples have found themselves caught in a legal battle somewhere between the two: custody disputes over pets. Under the law a pet is considered just another piece of property, but many pet owners see their favorite animals as much more than that.

If you and your spouse are having trouble making a fair pet custody arrangement, you need an attorney who understands the difficulty of your situation. San Jose pet custody dispute lawyer Daniel Jensen has been helping divorcing couples settle complex matters for over 20 years. Call us at 408-296-4100.

Settling Pet Custody Disputes

Contrary to popular belief, many animals do not see their human caregivers as interchangeable sources of food and shelter. Dogs, cats, and other intelligent animals do have different relationships with different people, including varying levels of closeness and willingness to obey. In other words, it does matter which person a pet ends up living with after a separation.

Unfortunately, the law has not been updated to reflect this reality. Many family law judges are unfamiliar with animal behavioral issues, and may not take pet custody disputes seriously. As a result, most divorcing couples with pets are left to settle the matter between themselves, sometimes with a San Jose pet custody attorney serving as a mediator.

Some couples eventually decide on a joint custody arrangement; perhaps the pet will alternate homes each week or so, or perhaps one owner will have custody on the weekends. Unfortunately, many pets find this amount of moving around very stressful. The matter can be further complicated if one owner moves out of state or suddenly refuses to let his or her ex visit the pet.

When possible, the best solution may be preventing this kind of dispute in the first place. An increasing number of couples are choosing to document and sign agreements about where their pets would live following a split. In the long run, it does not matter what kind of arrangement a couple chooses, as long as it provides the most healthy and safe environment possible for their beloved animal.

Contact Us

Pet custody is just one of many complicated issues that divorcing couples may face. If you need any assistance reaching fair property or custody agreements, contact San Jose divorce lawyer Daniel Jensen at 408-296-4100.

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Daniel Jensen, Top Family Law Attorney


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Daniel Jensen represents people in and around the cities of San Jose, Milpitas, Palo Alto, Mountain View, Sunnyvale, Cupertino, Menlo Park, Los Altos, Los Gatos, Campbell, Oakland, Hayward, Pleasanton, Fremont, San Leandro, and Union City. We represent residents of the counties of Santa Clara and Alameda.
4675 Stevens Creek Blvd., Suite 250  |  Santa Clara, California 95051  |  Phone: (408) 296-4100

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