Pet Custody in Kansas Divorce

When a couple in Kansas goes through a divorce, issues like property division and child custody often take center stage. However, for many couples, one of the most emotionally charged aspects of their breakup is determining who will get custody of their beloved pets. Traditionally, states have treated dogs, cats, and other pets as personal property, meaning that their disposition in a divorce is handled in the same way as a vehicle or a piece of furniture. 

Recognizing that beloved animals are like family members in many households, some states have begun to revise their laws relating to pet custody. In these jurisdictions, courts conduct an analysis as to what resolution would be in the pet’s best interests, in the way that decisions are made in child custody matters. However, Kansas has not yet adopted this type of rule. Accordingly, courts in Kansas look at which spouse should be awarded the pet based on their ownership rights and other considerations relevant to the division of marital property.

While Kansas law may classify pets as “property,” judges understand that people have deep emotional bonds with their animals. As a result, judges may consider several factors when deciding which spouse will keep the pet, including the following:

• How the pet was purchased or adopted — Even if their partner grew to love a dog or cat as their own, if it was purchased or adopted by one spouse, it likely would be classified as separate property and be the sole property of that spouse. 
• Who takes care of the pet — When an animal is part of the marital estate, courts might look at who has been the pet’s primary caregiver. This review could include evidence regarding the spouse who handles feeding, walking, cleaning, and veterinarian visits. 
• Living arrangements and lifestyle — Judges may evaluate each spouse’s living situation to determine which environment is more suitable for the pet. For example, a spouse who moves to a small apartment may not be the best fit for a large dog, while a spouse with a stable home environment may provide more space and continuity.

The personal and emotional nature of a pet custody issue might make it better to reach a resolution through negotiation or mediation. If both parties are willing, they can arrange for shared custody, visitation, or even shared expenses for the pet’s care.

The Henry Law Firm P.A., in Overland Park, represents Kansans in divorce proceedings and other family law matters. For a consultation regarding pet custody or any other issue relating to legal dissolution of a marriage, please call 913-381-5020 or contact us online.