Divorce, separation: who keeps the dog?

Reason intelligently

In the event of divorce or separation, logic dictates that the well-being of the animal prevails over the will of one or the other to want to keep it "at all costs" . Ideally, the person who has the most time and inclination to meet the needs of the animal should have custody of it. Indeed, there is no point in wanting to keep your dog with you if you work all day and you cannot come back between noon and two to walk it, for example.

Similarly, if the animal seems more attached to one of the ex-partners, it is to him or her that it should be entrusted after the separation.

The other possibility is to operate in an " alternate custody" mode, if the animal is not too destabilized by regular changes of place of life.

The steps in the event of an amicable separation/divorce

If the two ex-life partners manage to get along with each other, it may be necessary to update certain documents like:

• the certificate of sale of the animal, which makes it possible to determine who remains the legal owner of the animal. In the event of a change of legal owner, it will therefore be necessary to establish a certificate of transfer between the two parties,
• the dog's identification card. On this document appears the name of the owner of the animal, in other words the name of the person with whom the animal lives daily as well as the address and contact details of the latter. In the event of separation, it is of course possible to change the name of the holder and/or his place of life on the dog's identification card.

Note!

The holder can be a different person from the legal owner of the dog. It is the holder designated on the dog's identification card who remains civilly liable for any damage caused by a dog. It is therefore necessary to update the dog's identification card with the i-Cad during a separation in order to avoid any dispute afterwards.

Read also: Change of dog owner: the formalities

What if the two ex-partners don't get along?

If unfortunately, the two partners cannot reach an agreement regarding the custody of the dog, it is up to the person who appears on the certificate of sale or the certificate of transfer of the dog that custody is normally given to it, in other words to its legal owner.

But when the case is taken to court, it is ultimately up to the judge to make the final decision.