Bird Custody: What Happens To Your Bird When You & Your Partner Divorce?

Bird Custody- What Happens To Your Bird When You & Your Partner Divorce?Bird Custody: What Happens To Your Bird When You & Your Partner Divorce?

Margaret Maffai

According to CDC and census data, more than 40 percent of first marriages, more than 60 percent of second marriages and more than 70 percent of third marriages end in divorce. The average age for couples going through a first divorce is only 30 years old!
Courtesy of Scott and Dee Schmitz of Redmond, Oregon

Divorce courts may view birds as personal property similar to furniture or art.

Research, and plain common sense, shows divorce is tough on everyone, particularly children. Family law, or domestic relations law, the field dealing with divorce and custody, aims to separate feuding parents as smoothly as possible, while protecting the best interests of children. However, the legal system has yet to catch up with the thinking of modern American families regarding their family pets.

Know Your Rights As A Pet Parent
A 2012 poll found that 91% of pet owners consider their pets to be family members. LGBT families are even more likely to own pets and tend to consider them family members at comparable rates. However, in the legal system, pets are still considered personal property.

Family law judges try to disentangle married couples from each other as completely as possible when it comes to finances and property. The goal is a clean break to prevent the problems of high stress, poor communication and tense emotions that continual interaction could keep bringing up between two people who have proven they cannot get along.

Therefore, whereas courts will ensure that both parents can spend time with the kids after a divorce, a judge would be very unlikely to order a «pet custody” provision in a divorce judgment. If the parties cannot come to an agreement about who should «get” the bird in the divorce, just like with the beloved paisley suede La-Z-Boy or the pearl-encrusted banana hammock, the judge will simply award the bird to one parent or the other.

Bird Custody: What Happens To Your Bird When You & Your Partner Divorce?

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