It’s no surprise that Texans love their animals. From the horse in the barn to the pet dog, it’s hard to separate a Texan from a beloved pet. What happens though when a family is divorcing? Where does Rover go to live? How is he kept safe?
The laws in Texas have both progressed significantly and yet there are still necessary reforms. Lawmakers are beginning to acknowledge the importance of pets in our lives and are acting, in part, to ensure their safety. However, unresolved issues remain when parties divorce.
In Texas, the most recent advancement for the protection of pets was enacted in connection with the provisions for protective orders. Texas courts may issue a protective order for the benefit of individuals when there has been either family violence or the threat of family violence. With regard to animals, the legislature has made specific provisions for their safety as well. In particular, a court is authorized to take certain acts including: (1) Prohibiting a party from removing a pet from the possession of another, and (2) prohibiting a party from harming, threatening or interfering with the care, custody, or control of a pet, companion animal, or assistance animal. What this means is that the courts are vested with the authority to protect not only persons but animals as well. Further, the courts also have the authority to enforce protective orders concerning pets. In fact, violation of a protective order concerning a pet may subject an individual to both money damages and jail time.
The other concern for a pet during a divorce generally involves visitation. First, children ordinarily want their pet to accompany them when they travel between homes for visitation. The second issue arises when both parties want possession of a pet to be awarded under a decree. Unfortunately, Texas does not provide a visitation schedule that includes pets. Therefore, parties must either work out the issue by agreement, or submit the issue for the court to render a decision based upon the facts of the particular case. As with other matters, courts will generally refer the parties to mediate the issue together with other disputed matters prior to the time of final trial.
For now, the question of where does Rover go, is decided on a case-by-case basis. We do know though that wherever he goes, the courts are going to ensure his safety. If you need assistance mitigating your pets eventual home due to divorce in Keller and Lewisville, TX, call Attorney Kohm.
Faun Rowland is an attorney that has been practicing in the area of family law for fifteen years. In addition, she has been an adjunct professor of law at Tarrant County College for approximately seven years. Faun is a member of the State Bar of Texas, State Bar of California (inactive), Tarrant County Bar Association, and the Tarrant County Family Law Bar Association.
