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    In A Divorce, Who Gets The Dog?

    If you experienced a divorce in your 20s or 30s, you and your husband no doubt discussed, if not debated, the issue of custody of, and visitation with your kids. But now that you've reached your middle years, it's likely that your kids are grown and flown. If you're divorcing your husband-the first one or from a subsequent marriage-or even if you're breaking up a non-marital domestic partnership, you still may be facing a custody issue…of your pet or pets.

    People can get very attached to their cats and dogs, and this is even truer of certain mid-aged people who, no longer raising children, pour their affections and attentions onto their household pets instead. If the husband (or male partner in a non-marital situation) is less attached than the wife (or female partner)-or vice-versa-deciding who will get to keep the dog(s) or cat(s) is pretty easy. The problems start when both are very attached to the animal. (For the sake of this article, from here on out I'm going to talk about one dog, unimaginatively named "Fido." The principle is the same, though, whether it's a dog, a cat, or more than one animal.) Problems also crop up when one or the other of the couple uses Fido as a pawn.

    Parents Can Ease Children through Divorce

    A pawn, you ask? Yes. The male half of the couple knows the woman is very attached to Fido, so he demands to keep the dog himself, not out of great love for the dog but to make the woman unhappy for breaking up with him. Or, again assuming the breakup was her idea, not his, he uses the dog to keep her in his life to some degree, or even try to get her back. Either he tries to hold on to the dog so the woman will have to come to his house to see Fido, or he wheedles that if she wants to have Fido fully in her life again, she could reunite with him. Or he tries to use her visits with Fido as an opportunity to get her into bed.

    Of course, if the man is more principled than that, or if he was agreeable to the breakup, custody and visitation of Fido need not be problematic. Arrangements can be quite similar to those pertaining to children: The man may get custody on weekends while the woman has Fido during the week, or vice-versa, or they may alternate weeks, with him having the dog one week and her having the dog the next.

    The point is that, as any animal-lover will tell you, Fido is a family member, not a mere possession and, that being the case, squabbles over custody are perfectly understandable. But squabbling is unfortunate, and if you can work things out amicably, you certainly should try.

    Why Long-Term Marriages Fail

    First of all, understand that, unless the man is using Fido as a pawn, his desire to keep Fido may be just as valid as yours. Second, understand that it is not foolish for you two to be seriously attached to what non-animal-lover friends may try to tell you is "only a dog." There is nothing "only" about a dog (or cat)! Third, there are amicable solutions-such as split custody or visitation. Fido may be baffled to find himself living one week in his old familiar house with one of you, the next week in a new environment with the other of you, then back again. It is probable, however, that he will adapt with no resultant behavior problems unless he is very high-strung, or unless he is used to having someone around most of the time (such as if one of you normally worked at home) and now spends alternate weeks alone all day in one of the two houses.

    But "Who gets custody of Fido?" is a very real and legitimate question for pet-loving couples-marital or otherwise-who break up. Especially for couples of middle age. Don't be embarrassed or feel foolish at talking about custody and visitation. And remember that there are solutions.

    Cynthia MacGregor writes frequently for ThirdAge.com and is the author of over 50 books.

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    56 comments

    • Truth  •  10 months ago
      I went through this years ago. I'm happy to say I got the dog and he's very happy here with me. My ex didn't want him. Our last fight (I think we both knew it was over) was he told me the dog better be gone at the pound when he got home from work...he didn't want him anymore. Of course I didn't do that (he's my pet!) so he left after work. I took the dog and moved. For some reason he wanted to hurt me so he took me to court trying to get the dog. The dog was in his name, and he had been the one to pick him from the pound when we got him. Luckily the judge realized what he was doing and gave me the dog. My dog is very happy now, and spoiled :)
    • Kay S  •  10 months ago
      Of our 6 pets, 2 are his, 1 is mine, and 3 belong to both of us. We've already discussed this - if we split, I'll keep mine and the joint animals, and he'll pay for their pet insurance.
    • Laura  •  10 months ago
      My ex and I actually put in our divorce agreement the custody arrangement of our cat. I had primary custody of her but several times a year, we would meet about halfway between where he and I lived (about a 2 hour drive) to stay with him for a month or so at a time. This continued until her health began to decline as she aged and I decided it was not good for her to travel anymore. My ex agreed to this as he truly loved this cat. He missed her but I sent him photos and kept him up to date on her. The last time he saw her was in 2004.

      Sadly, she passed away in March 2010 of lymphoma at the age of 18.
    • Neutral  •  10 months ago
      Really? I'm an animal person... but it's A PET! I've lived through this situation with a man, his ex and 'the dogs'. Good Lord... it's crazy making all around.... A pet is a pet is a pet... you don't worry about pets driving... you don't worry about college funds for pets... you don't worry about all of the REAL child things you do with REAL kids. They are pets people... the animal goes to one of the owners - period. Visitation/ custody/'parenting time' is just crap! Get over it!
    • steelerman  •  10 months ago
      The new boyfriend gets the dog
    • Ggonza  •  10 months ago
      I adore my three dogs, though I know my husband would not want any of them...depending on how we broke up, I might force them on his..Just to make him unhappy ha ha
    • Vette driver '95  •  10 months ago
      In reading all of these comments, I can clearly see who the animal lovers are, and who the non-animal lovers are. If you're not an animal lover, you will never understand the how the animal lovers feel. I'm definately an animal lover. I chose my career over getting married and having children (although I could have had a child without being married, I don't think it's fair to deprive a child of the love, overall support and influence of both a mother and a father), therefore, my dogs are my children. A year ago I broke up with my boyfriend of nearly 3 years. When we met I had four dogs. He didn't really bond with my oldest dog, Parker (a yellow lab/German Shepherd mix), but then I had already been Parker's "mommy" for over 10 years. He did fall in love with my other three babies. I lost Parker while we were still together, due to old age (he was approx 14 yrs. old), and he was with me at the vet when I had to euthanize Parker, and we held each other and cried. When we broke up though, there was no way he was getting custody any of the three! Nor did he seek to take any of them. I did, however, allow him to come and see them any time he wants. When I recently had to euthanize Louise (my rescue Bouvier), I called him so he could come and say good-bye to her, and he did (she was approximately 12 yrs. old and had lost the use of her hind quarters, so I couldn't make her suffer). My best buddy, Scrappy (a Chihuahua mix) had a heart attack and died in my arms last fall, he was only 6 1/2 : ( . I called my ex and told him, because that was one of his favorites. I still have my Gertie Girl (a Border Collie/English Setter mix - approximately 12 years old) and he comes by to see her on occasion.

      However, My parents keep telling my sister and I that if they had divorced when we were young, they would have fought over who got custody the dogs, and who got STUCK with us! Nice huh? LOL! I think they were just kidding, but when we were teenagers, maybe not! LOL!
    • Howie  •  10 months ago
      Have you always hated men?
    • AK4MC  •  10 months ago
      If I were ever to divorce my wife, she'd have no trouble at all winning custody of every single one of the animals she's brought into our home.
    • MICHELE C  •  10 months ago
      We dont have a dog, but he can keep the kids.....Just kidding
    • owlet  •  10 months ago
      When we split he stayed in the house (his idea) and the animals stayed there. what we fought about was who got the tupperware.
    • KittenKaboodle  •  10 months ago
      I had it written into my divorce decree that I got the full, sole custody of the cats & he did not get visitation. If the potential boyfriend doesn't like my pets that is a deal killer. My pets are my children.
    • DanD  •  10 months ago
      They should see the dog to the local Chinese rest. at fair market value.
    • Alexis  •  10 months ago
      My husband moved his 19 year old asian girlfriend into our house. I took my cats and left. He kept the 2 dogs as I was homeless. I lived with the cats in my car for a month until I could find a place as I had no family to turn to and no money. I would never give up my cats. The dogs I was not that attachted to, they are smelly,messy and they cause trouble. I put in my divorce papers I got my cats. I am never been happier then when I live alone with my cats.
    • MsHeather  •  10 months ago
      I have to say that I agree with hmbug75. this is the most absurd thing I've ever heard. I know that people get attached to their pets, I had one that I was super close to, but to fight over her? Um, no. That's just crazy. Choose your battles is what I always say and to me, that is not a battle worth fighting over....
    • Patricia  •  10 months ago
      I let my husband have the dog. It was my choice to leave the marriage, and while BOTH of us are completely attached, I thought for the sake of my husbands emotional health that he should keep the dog. I miss my dog so much, it moves me to tears almost daily. I visited in the beginning to see the dog, but it was just too weird. So now I pay what I like to call 'puppy support.' I pay for a professional dog walker to come twice a week since now he has to have more time in his crate, with only one 'parent' and I feel really guilty about that. Miss the dog more than my ex actually.
    • New England Babe  •  10 months ago
      They would go with the kids. The kids are the dogs best friends even though they are in my name. We both love the dogs so why not?
    • schibber  •  10 months ago
      We both love our dog, but our dog really really loves me. He get depressed when I don't come home on time and as soon as my husband gets home from work he starts waiting at the door for me. We have talked about it and while I was open to sharing custody if we ever divorce my husband thinks it would be best for him to just go with me. Thankfully we are no where near divorce and our little man is an old little man so we probably won't have to worry about it.
    • Doug S  •  10 months ago
      She can have it. She can feed it. She can take it to the vet, and pay his bills. She can walk it and clean up after it.

      Oh, that's right. That's why I don't have a dog.
    • Nita  •  10 months ago
      Screw that! Put it in the pre-nup (Everyone should have one when entering marriage). The dog is most definately mine, but I am more than willing to share custody. I once dated a guy who told me a man and his dog are a package deal but a woman and her dog aren't. So if our dogs didn't get along, mine would have to go. I found a better solution..Him and his dog were dumped.

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