Pet Custody Disputes In Washington
When a relationship ends, deciding who keeps the family pet can become a major source of conflict. In Washington, pets are not treated the same way as children in custody disputes. Instead, the law views pets as property. Our Port Orchard, WA family lawyer knows that this approach can feel frustrating since many people see their pets as family members. If you are going through a divorce or separation, it is important to understand how Washington courts address these disputes and what steps you can take to protect your interests. Our group has 54 years of family law experience and is prepared to help you with your case.
Pets As Property
In Washington, pets are legally considered personal property. This means that disputes over pets are handled in the same way as disputes over cars, furniture, or other assets. The court does not weigh the “best interests” of the pet as it would for children. Instead, the focus is on who legally owns the pet and whether the animal is community property or separate property.
Community Property Considerations
Washington is a community property state. This means that most assets acquired during the marriage belong equally to both spouses. If a pet was adopted or purchased during the marriage, the court will likely treat the pet as community property. The judge may award the pet to one spouse while balancing the division of other property to make things fair.
Separate Property Issues
If one spouse brought the pet into the marriage or received the pet as a gift or inheritance, the court may treat the animal as separate property. In that case, the original owner may have a stronger claim to keep the pet. Documents such as adoption papers, veterinary records, and purchase receipts can help establish ownership.
Factors Courts May Consider
Even though Washington law classifies pets as property, judges may look at additional factors when deciding who should keep the animal. These can include:
- Who primarily cared for the pet (feeding, walking, vet visits)
- Who has the financial ability to cover ongoing pet expenses
- The living situation of each spouse, such as housing and work schedules
- Whether children are attached to the pet and which parent they primarily live with
While the law does not officially require judges to consider these factors, many judges recognize the importance of pets in families and may use this information to guide their decisions.
Agreements Between Spouses
In many cases, couples reach their own agreement about pet custody. Some choose to allow shared time with the pet, similar to a parenting schedule. Others agree that one spouse will keep the pet while the other receives different property in exchange. Creating a written agreement can help avoid future disputes and provide clarity.
Why Legal Help Matters
Disputes over pets can be emotional and difficult to resolve on your own. Having guidance from a family law attorney can help you present evidence of ownership and care, and work toward a fair outcome. Our team at Robinson & Hadeed can assist you in addressing these issues in a way that protects both your rights and your relationship with your pet. If you are facing a pet custody dispute in Washington, reach out to us today. We are known for teaching other lawyers our winning strategies, so reach out to us when you would like to learn more. We can review your situation, explain your options, and help you find a resolution that supports both your interests and your family’s well-being.