According to Texas law, pets are considered property, meaning legal agreements, such as premarital, partition, or cohabitation agreements should dictate the ownership of a pet should the marriage dissolve. So then, custody is based on whether the pet is community property or one party’s separate property and each spouse’s individual responsibilities and roles pertaining to the pet during the marriage.
Factors a Judge May Weigh to Determine Custody of a Pet
Like any complicated property settlement case, the judge must determine whether the pet is considered separate or community property. If the pet is considered community property, a judge will consider the following factors:
- Which spouse has played the role of the primary caretaker
- Which spouse meets the daily needs of the animal
- Whether either spouse has neglected the pet in any way
- Each spouse’s typical travel and work schedules
- The access and possession schedule of the children if the children have a close relationship with the animal
Boudreaux Hunter & Associates, LLC Can Pursue Pet Custody for You!
At Boudreaux Hunter & Associates, LLC, our legal team of Houston divorce lawyers is dedicated to safeguarding the rights of family members moving through divorce processes. Because we truly love animals and believe that pets are family members who should be cared for as such, we work diligently to help divorcing spouses pursue custody over their pets. If you are moving through the divorce process or are contemplating divorce but share pets with your spouse, we urge you to get in touch with our Houston divorce attorneys right away.
Don’t wait to get the help you need. Call Boudreaux Hunter & Associates, LLC today!