Question
My wife and I split we got 3 German shepherds together and then we split over youngest child. She has 5 dogs and 1 cat on .36 acre lot living in double wide I have sent her a certified letter with visitation agreement with no answer and emailed her too what should I do to get visitation to our 3 animals so I can let them run and play on the 20 plus acres out of city limits.
Answer
Custody of animals should be discussed during divorce proceedings/negotiations or at other times (such as in a prenup or other agreement). Consult with your matrimonial attorney. People who believe that their animals are being wrongfully withheld can sue to try to get the animals returned. Courts have been reluctant to order visitation of animals (although some have), particularly when the animals’ “parents” are not cooperating with each other. However, the trend is for courts to consider companion animals as more than property when awarding custody. A few states (not WV) have passed laws requiring courts to consider the well-being of animals when determining custody in divorce and legal separation proceedings. I hope that you and your ex can work out a custody arrangement that is in the best interest of the dogs!
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