Pets are a part of the family. So, it is understandable that when facing a divorce, pets might take center stage, especially if the family has no children.
Many pet parents might wish to establish a custody arrangement, so they do not have to give up their beloved pet completely in the event of a divorce. North Carolina residents might run into some challenges to accomplish this and make it work.
Pet parents can reach a compromise
To this day, there are still no “pet custody” laws in North Carolina. As we have discussed in past blog posts, North Carolina law views pets as property. That generally means that if a divorce goes to court, the pet is subject to property division guidelines, like any other marital property.
Even with no “pet custody” laws in place, it is possible for ex-spouses to share custody of the pets after divorce. They will have to reach their own agreement though, as the courts will not establish one on their behalf or consider the pet’s interests in such a case.
That means it is up to the divorcing couple to create an arrangement if they so choose.
But will a pet custody arrangement work?
It is difficult to say whether a pet custody arrangement will work. After all, like most matters, it depends on many variables that are specific to your case and situation. It may help to consider factors such as:
- Commitment: This will only work if both you and your ex-spouse are committed to making it work. You both must consider your desires as well as what is best for your pet to move forward.
- Cooperation: Sharing time with your pets will also require a certain level of cooperation. For example, if you and your ex-spouse do not get along well, sharing pet custody could be a considerable challenge.
Creating an agreement to share custody of your pet is one thing. Putting that agreement into action is very different, and can leave you facing obstacles and stress. It will be necessary to think about how realistic a pet custody arrangement will be.
There are many details you must account for if you plan to share custody of your pets, including crafting your own arrangement specific to your needs – and your pet’s needs – without specific guidance from state law. Even so, it is possible to obtain legal guidance to help you move forward in these complex family matters.