This is a serious question. My husband and I fight non-stop and I want a divorce, but when I bring it up he thows a fit. We have three "kids" and hesays if I leave I can't take them. THe problem is our 3 kids are 2 Siamese cats and a Bengal kitten. will a judge hear a custody battle ovewr them if I do leave or do I have to stay with him just to keep my babies? Mew is just in my name since I had him when we got married, but Gemini and Takarra is in both of our names, even though I had to pay for them.
2006-10-06 02:26:16 · 11 answers · asked by Anonymous in Pets ➔ Cats
My cats are the most iportant thing to me and the only one he even likes is Mew, but Mew is older now and perfers to be with me. all of my cats are very expencive animals and half the time he doesn't even remember to make sure they have food and refuses to change the litter. I'm worried that if I just take the cats he'll try to get me for theft or something because of how expencive they are. I'd rather stay and be unhappy than to leave one of my kids with him!
2006-10-06 02:56:35 · update #1
If you leave and take the cats, I highly doubt he'd fight for "custody" of them. He is only using them against you to get you to stay. Pretty immature on his part, but what are you gonna do? You can't convince a baby it's being a baby.
But if I were in your situation.....I'd find myself another place, then pack up some stuff and the cats and leave when he wasn't home. What's he gonna do? Show up at your door demanding the cats? Then you call the cops. They can't take the cats from you, either. Possession is 9/10's of the law, and pets are not given the same consideration as children.
A friend of ours gave his cat to a girlfriend to "hold onto" while he found his own place....after they broke up, she refused to give the cat back....and the police couldn't do a thing about it.
Quit letting him hold this over your head.
2006-10-06 02:31:32 · answer #1 · answered by Anonymous · 2⤊ 1⤋
The following is not legal advice:
It depends on what you mean by you two "fight"; is it just disagreeing, or screaming and demeaning, objects are being thrown or broken, or actual physical fights at times. If it is not physical fights and you are willing to try and work it out (even if it is really for the cats' sake) then go to counseling together to try to save your marriage. If it is actual physical fighting, separate, be happy that you don't have any human "kids" that you must fight over, count your loses, take Mew, and say goodbye to the other 2. If it comes down to the police being called, your husband cannot keep Mew once you show proof that it is in your name only, but there is that gray area about the other two and I would pick my battles and not allow an angry man to keep my heart hostage by holding two cats over my head. Just let him have the other cats unless a later divorce case you ask for the cats and the judge gives you one or both of the 2 cats, you would also have to show the judge proof that you owned Mew before you were married, which means that Mew will remain your cat solely.
2006-10-06 09:47:29 · answer #2 · answered by Ilovechristjesustheking 3 · 0⤊ 0⤋
I think he is bluffing you, and just trying to get you to stay. Make sure you do really want a divorce and if so then contact a lawyer, you might also try mediator services to work something out, depending on where you live this might be an issue in court but if you live in certain places they will look at it as a joke, and not give it attention like it should get, seek a lawyer for questions and answers. If you are the primary care giver then they will look at that, but most states/ cities say if you are married everything is 50/50 including pets, I hope things work out for you, went though similiar experience, lots of luck!
2006-10-06 10:38:46 · answer #3 · answered by out4justicenwv 2 · 0⤊ 0⤋
Well Mew is yours no question asked and actually yes a judge will hear about the animals, just like a regular divorce, they will just be in the seperation of stuff aquired. Unless you can prove that he is unfit to have the animals they will probably award you Mew and then give one of the other cats to you and the last one will go to your husband. I am sorry you are having such a difficult time. Get a lawyer immidiatly. Don't let him get a step up on you. Good luck sweetie.
2006-10-06 09:30:36 · answer #4 · answered by Barbara C 6 · 2⤊ 1⤋
First of all, I beleive your husband is using the threat of you loosing one of your "babies" to keep you from filing divorce. If what you say is true that he doesn't even remember to feed them and refuses to clean the litter box, then his "caring" is all mouth. Second, your cats will be considered property and like all property in a divorce, will have to be settled by the judge. You will need to prove that thye cats are your pets not only because you bought them, but because you are the one who actually takes care of them. Third, if I were you, I will move out with all three cats - possession is half the battle so they say.
Fourth, contact a lawyer.
2006-10-06 10:45:17 · answer #5 · answered by Phoebhart 6 · 2⤊ 0⤋
You would probably end up with them all depending on who takes care of them the most. Just like a child custody battle, depending on your specific situation. But in my case I assured my husband that he could have the kids, I get my dog
2006-10-06 10:12:57 · answer #6 · answered by fiend4 2 · 0⤊ 0⤋
contact a divorce attorney but i have heard of cases where the couples went to a mediator before the divorce to try to resolve the issue and if it can't be resolved thru mediation it will go before the judge. when i divorced i had it in my paperwork that i got custody of all of the animals just so there was no disputing it after the fact. good luck
2006-10-06 09:31:13 · answer #7 · answered by roodawgs98 2 · 1⤊ 0⤋
In most states you can have a custody battle over family pets. My sister won custody her Australian Shepard. Her ex was granted visitation of them. I know it may sound silly but I'm not joking. Today many courts are starting to view pets as family members, not property.
2006-10-06 09:35:24 · answer #8 · answered by tollerx2 2 · 1⤊ 0⤋
Do not leave and stay with him,and consider yourself the fourth kid,why not?your name is Mew.
2006-10-06 09:43:55 · answer #9 · answered by chessmate53 2 · 0⤊ 2⤋
Please, both of you get divorced before you procreate. Mew is your property, take him and leave the other two for your ex.
2006-10-06 09:35:36 · answer #10 · answered by ? 4 · 0⤊ 3⤋