Q: Do I have rights to a shared pet after divorce if my ex obtained an ESA?
I'm currently going through a divorce with my ex-husband, who has obtained an ESA designation for our family dog after our separation. He is withholding the dog from me, despite us sharing its care during our marriage. There are no legal agreements or court proceedings addressing the dog's custody. Do I have any legal rights to our dog under these circumstances?
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A:
In a divorce, pets are typically treated as property, meaning they are divided like other assets unless there is a specific agreement in place. The fact that your ex obtained an ESA designation for the dog may complicate things slightly, as this designation may grant him certain rights to the dog in certain circumstances, particularly if it helps with his mental or emotional health.
However, you still have rights to the dog if you can prove you both shared its care during the marriage. Since there are no legal agreements or court decisions yet, you can raise this issue in your divorce proceedings. The court may consider the dog's care and attachment, and it may decide who is best suited to have custody based on those factors.
You should reach out to a lawyer who can help you understand your options in the context of your divorce. If you want to resolve the issue without going to court, you may also consider discussing the situation with your ex to reach a fair arrangement, especially if you both want to continue being part of the dog’s life.
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