Is domestic violence and pet custody laws an issue for the family court? Yes. More and more family courts are having to sort out pet custody issues (more so when there are no children involved). There is a growing movement to have pet custody laws put in place treating pets like children in the family court. In most states however, pet custody laws historically have not recognize pets as children but rather as property. But don’t be surprised if you soon see new laws related to domestic violence and pet custody treating pets like children as opposed to property. This can include pet parenting schedules, pet support, and of course a new profession — “pet attorneys”.
So how are domestic violence and pet custody related to one another? Generally, an important factor in determining pet custody is where the children live. When children are involved in a divorce, the pet generally remains in the home where the children live due to their attachment to the pet. Perpetrators of domestic violence are not typically awarded primary custody of children — and as a result, neither will they be awarded pet custody. In other words, the parent who is awarded custody of the children will likely be awarded custody of the pets.


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