June 11, 2017
Judge Tom
1

Are you worried about your pet if your parents divorce?

Pets and divorce

There is a whole body of law regarding “who gets the pets” when a couple divorce. In fact, the issue becomes so tense in some cases that one state recently passed a law about it.

In 2016, the legislature in Alaska amended their divorce law* to include a chance for the court to consider the best interests of pets caught up in the divorce. The only exclusion is for fish – they were left out of the law. Since the law renders pets more than just property to be divided up, should the pet stay with the kids, or whoever bought the pet in the first place, or with its primary caretaker?

Alaska’s law went into effect in January, 2017. It reads in part as follows:

“In a judgment in an action for divorce or action declaring a marriage void or at any time after judgment, the court may provide if an animal is owned, for the ownership or joint ownership of the animal, taking into consideration the well-being of the animal.”

Don’t be surprised if more states follow Alaska’s lead in this area.

*Alaska Law 25.24.160 (a)

Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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1 Comment

  • Matt Ingham
    June 26, 2017 3:16 pm count( 0 )

    Judge Tom, based on my experiences here in Oklahoma Family Court, each jurisdiction should be pass laws addressing the issue of awarding custody of the pets in accordance with the ‘best interest’ of the pets and in accordance with the ‘best interest’ of the children. As you are aware sir, often times the pets help the children cope better emotionally with the rigors of the divorce process.
    We may be witnessing the beginning of a trend, with Alaska leading the way. Good point, thanks for writing. -ATj.info