In Florida, pets are considered personal property and are subject to the same laws that govern the distribution of other marital assets in a divorce. However, some judges in Florida have used their discretion to take the pet’s best interests into account when making a decision about custody.
In a divorce, the court may consider several factors when determining who will receive custody of a pet, including:
- The emotional and financial ability of each party to provide for the pet.
- The length of time the pet has been in each party’s care.
- The pet’s emotional attachment to each party.
- Any other relevant factors that may affect the well-being of the pet.
It’s important to note that Florida law does not provide for the awarding of pet custody in the same way that child custody is awarded, so there is no automatic right to joint custody of a pet.
In many cases, the parties may reach an agreement regarding the custody and care of the pet outside of court, and the court will typically accept this agreement if it is in the best interests of the pet. If the parties cannot reach an agreement, the court will make a decision based on the evidence presented.