Frequently, one of the more contentious battles in a divorce is who will receive the family pet. Up until a recent change in the law, the Court would treat a pet just like any other item of personal property. Fido was no different than the big screen TV in the living room.
However, Rhode Island has recently enacted RIGL 15-5-30, where there are now very specific elements that a Court must address when awarding ownership of a “domestic companion animal.” The Family Court shall now consider the best interest of the animal and will examine things such as who spent more time with the animal, who tended to the pet’s needs, and the attachment of any children to the animal (considering which parent has custody).
The recent statute even allows for the Court to make orders calling for joint possession of the companion animal, where time with the animal for each party can be scheduled. In those situations, the Court can even allocate who is responsible for vet bills, food, toys and pet sitting.
If you have concerns about who will receive your pet in a divorce, reach out to us and we will be happy to guide you through the process to protect your rights and those of your pet.
