It’s an unfortunate situation, but if you go through a breakup and have to work out legal details, don’t forget about your dog. The courts have yet to institutionalize the standard of “the best interest of the dog,” as they have for children.

If you wind up in the middle of a canine custody dispute, you’ll need to prove you’re the legal guardian–not the better caregiver–in order to win over your pet. That’s because pets are considered to be personal property, like a television or toaster.

Dogs are often the animals caught in the middle of a split-up. The rise in cases has to do, in part, with society’s changing attitude toward pets as family members. Divorcing couples, or those legally separating, must agree on the placement of their pets.

Pet custody cases involve married couples, domestic partners, or even roommates who are agreeably co-owners. In each of these cases, when the couple splits up, they need to figure out an arrangement for their dog. This often takes the form of establishing a visitation schedule or buying out the other person to become sole guardian.

Books that cover some practical and legal issues for dog owners include “Every Dog’s Legal Guide: A Must-have Book for Your Owner” and “We Can’t Stay Together for the Dogs: Doing What’s Best for Your Dog When Your Relationship Breaks Up.”

Proving legal guardianship involves showing that your name is on some or all or some of this paperwork:

• Adoption application or sales contract–If you didn’t save the paperwork, contact your breeder or the shelter for a copy. Also, dig through your files for a canceled check or credit card statement showing you paid the adoption fee or purchase price.
• Veterinary records–Obtain medical records from your veterinarian’s office. Show that you’re financially responsible for your dog’s ongoing care by producing cash receipts, credit card statements, and canceled checks.
• City licensing forms–Most cities and counties require that you license your dog annually. Ask for a copy from the department you went through to buy the license.
• Microchip documents–If your dog is implanted with an identification chip, call the manufacturer’s registry for the records.

In situations where ownership status is in question, it’s best to avoid going to court because a judge might not understand the strong connection you share with your dog. The ensuing emotional battle can provoke signs of stress in your dog, such as pacing, restlessness, and panting. These traits usually appear because of moving into a new home or losing a canine brother or sister to the estranged spouse. If your dog is really attached to one of its guardians, it’s going to be much more stressful for the dog to be separated from that parent.

To reduce your dog’s anxiety level during this time, as well as your own, consider a combination of daily distractions and increased exercise, such as going for more walks with your dog or enrolling him in an obedience class or doggie sport.

Canine custody disputes take an emotional toll on both two and four-legged family members. But, by working out a fair compromise before an unforeseen breakup, you’ll avoid a lot of heartache in the future.

Tags: custody, divorce, dog guardian, dog legal issues, dog ownership, legal battles, separation