A divorce attorney in Bohemia New York can explain that pets have traditionally been treated like property during the process of divorce. The value of the animal would be tacked into a spreadsheet along with the couple’s other possessions such as that old couch and tools. One of the parties would walk away with the pet and the other would lose contact and the right to see the pet. Although some courts in the country would recognize that pets were more likely to be viewed like family than property, a divorce attorney in Bohemia New York can explain that courts were hesitant to create visitation agreements that would potentially overflow them if problems arose.
New York courts have increasingly been using the standard of “best for all concerned.” This is a blend between the best interest of the child standard used in child custody cases and property division principles. This standard looks into a number of factors in order to determine which party should receive complete ownership of the pet.
One standard is which party was primarily responsible for taking care of the pet’s needs. The court considers which party usually fed, groomed and walked the pet. Additionally, the court considers which party spent more time with the pet. Like with child custody, the court also considers which living environment would be better for the pet. The court can consider whether there is open space for the pet to exercise and the environment where the pet is familiar with the environment.
