When married couples decide to part ways, they often face a myriad of emotional and legal challenges. Among these, a particularly heart-wrenching issue often arises: who gets to keep the family pets? For many, pets are more than just animals – they’re beloved family members. As divorce proceedings unfold, the fate of these furry companions can become a contentious point of negotiation.
The legal status of pets in New Hampshire
New Hampshire law views pets as personal property. By technical definition, the court treats them similarly to other assets like furniture or vehicles. However, some judges may recognize the emotional bond between humans and their pets. They might consider factors beyond mere ownership when making decisions during a divorce proceeding.
Factors influencing pet custody decisions
While there is no specific law in New Hampshire governing pet custody, the courts may consider various circumstances when deciding who gets to keep the pet. These may include:
- Primary caretaker: The person who primarily fed, walked and cared for the pet may have an advantage.
- Children’s attachment: If there are children involved, the court may consider keeping pets with them for emotional stability.
- Living arrangements: The post-divorce living situation of each spouse can impact their ability to care for a pet.
- Pet’s best interest: Some judges may consider what arrangement would be best for the animal’s welfare.
Deciding who gets the pet during a divorce involves treating the pet as property while also considering the pet’s best interests. Couples can also create their own pet custody agreements to share responsibilities and maintain the pet’s well-being.
Navigating the emotional and legal landscape
Knowledge of how New Hampshire law considers pets in divorce proceedings can help you prepare for what to expect. While navigating pet custody can be a complex and emotional issue, consulting a professional can help provide clarity and ensure that both parties’ rights and interests are protected. Seeking legal guidance may help you make informed decisions and create a fair arrangement for everyone involved, including your beloved pet.
