Pet Custody: What to Do in Case of Divorce

The divorce process can be both emotionally and legally challenging. In this complex process, your pet also needs to be taken into account. The welfare and care of your pet is an important part of divorce and there are legal regulations on this matter.

What is Pet Custody?

Pet surrogacy is the process of delegating one person’s legal authority regarding the care and welfare of their pet to another person. This Custody can be used in the event of a divorce to decide who the pet will live with and who will be responsible.

How to Get Pet Custody in Case of Divorce?

Pet power of attorney can be obtained during or after divorce proceedings. During the case, you can go to court to determine who will have custody and care of your pet. When deciding what is in your pet’s best interest, the court will consider factors such as the animal’s breed, age, health condition, both parties’ relationship with the pet, and their lifestyles.

You can also apply to the court for pet attorney after the divorce case is over. In this case, the court will make a decision regarding custody and care responsibility, even if there is no provision regarding the pet in the divorce decision.

Things to Consider When Getting Pet Custody

It is important to have a written agreement regarding who will have custody and care of your pet. This agreement should include details such as who will provide basic needs such as food, shelter, veterinary care and exercise.
The agreement should also state who will entrust your pet to whom in case of emergency.
You need to make the agreement legal by both parties signing and dating it.
You can turn the agreement into a formal decision by submitting it to the court.

Legal Regulations Regarding Pet Custody

There is no specific law regarding pet Custody in Turkey. In this regard, Article 685 of the Turkish Civil Code (TMK) and other relevant articles apply. According to Article 685 of the Turkish Civil Code, rights and debts over assets terminate automatically upon divorce between spouses. Since a pet is also considered an asset, custody and care of the pet is shared between the spouses upon divorce.

Advice on Pet Custody

Be patient and loving with your pet to minimize stress and anxiety during the divorce process.
Try not to change your pet’s routine as much as possible.
Try to spend time with your pet on a regular basis.
Be prepared financially and morally to meet your pet’s needs.

Pet Custody can be a challenging issue during a divorce. It is important to consult a lawyer on this matter, learn your legal rights and responsibilities, and make an agreement that will protect your pet’s well-being.