Question
I bought the dog but he did give me some money towards her. We share expenses and both take care of her. I carry pet insurance, and I work from home and he doesn't. We will be living in same area so I would be willing to share custody but he may not be willing. Do I have to take him to court over her?
Answer
I cannot predict the outcome of any given pet custody case. A few states (not Florida) have passed laws requiring courts to consider the well-being of animals when determining rights to animals in divorce cases. Also, some courts have considered the well-being of animals in animal custody cases even when there is no specific law requiring that they do so (in marital and non-marital situations). Worth noting, however, is a case in Florida where the court stated: “Determinations as to custody and visitation lead to continuing enforcement and supervision problems... Our courts are overwhelmed with the supervision of custody, visitation, and support matters related to the protection of our children. We cannot undertake the same responsibility as to animals.” I hope that you and your ex will be able to agree on a custody/visitation arrangement that is in the best interests of the dog. People who believe that their animal is being wrongfully withheld can sue to try to get the animal returned.
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