Modern divorces bring with them interesting (and potentially painful) problems to resolve—like who gets to decide the fate of any frozen embryos, or who gets custody of shared pets. It also involves traditional issues, such as child custody and visita༒tion right💝s. 

Here’s an overview of how the legal system tends to haཧndle these choices when spouses can’t agree.

What Happens to Frozen Embryos After a Divorce?

Your doctor’s office may have had you and your spouse sign an agreement before beginning in vitro fertilization to specify what would happen to any frozen embryos if you were to divorce. Typical choices include having them destroyed or donated to medical research or to a third party. Some couples have elected to allow one spouse to decide later. The feelings you may have had about the issue when you signed the contract as a happy couple may be different from the fe༒elings you have upon divorcing. Worse, you may not have realized the contract that you signed was legally binding. 

The issue can be especially complex if either spouse has become infertile (due to cancer treatment, for example) and the frozen embryos are their only chance to have a biological child, but the other spouse does not want to have a child (or another child) with their soon-to-be ex. The other spouse could be saddled with unwanted parental rights and responsibilities, such as providing child support. A 2020 decision in the Arizona Supreme Court ruled that an infertile divorced woman could not use her frozen embryos because her ex-husband did not want to have a child with her, citing in part his liability for child support under Arizona law.

A court may uphold that contract, even if it specifies that the embryos be destroyed against an infertile spouse’s wishes, according to a 2021 report in The New York Times. However, a court may also rule that state law supersedes a fertility contract. In Arizona, the courts will award the embryos to the party most likely to use them to create life, assuming a fertility contract was signed after the state’s law passed in mid-2018.

In February 2024, the Alabama Supreme Court ruled that frozen embryos are children.

Who Gets Custody of Pets After a Divorce?

Pet ownership is another issue that varies by state. Pets are considered property, just like a pickup truck or a Star Wars toy collection. Pets may be considered 澳洲幸运5官方开奖结果体彩网:community property if they became part of the family after marriage, or separate property if they belonged to one spouse before marriage or were gifted to one spouse during marriage.

When spouses can’t agree on who will become the pet’s sole owner, courts may decide based on who has provided more of the pet’s care. If the children in the family are attached to the pet, courts may give a pet to the parent who gets custody. When there is more than one pet, the pets may get split up. If one spouse has abused or neglected the pet, the other spouse may get ownership.

California law gives more consideration to the animal’s welfare than many other states do. California’s Family Code 2605 says the court may assign sole or joint ownership of a pet based on which spouse will give it the best care. The court can also assign temporary custody to one party while divorce proceedings play out.

Child Custody Arrangements After a Divorce

There are a variety of custody options for children. Pa꧑rents can get joint or sole cu꧙stody of their children after divorce, and they w🅰ill need to make arrangements for normal weeks, holidays🔥, vacations, and special events.

When one parent receives sole custody, they are considered the "custodial parent" and make most of the decisions. Visitation by the other parent may be allowed if it is in the child’s best interest.

Under joint custody, one parent may make all decisions about the 澳洲幸运5官方开奖结果体彩网:child’s upbringing, or the parents may share decision-making. The child will alternate living with each parent.

Child custody and visitation rights don’t have to be decided by a judge in court. Parents can draw up a written plan on their own or with the help of a 澳洲幸运5官方开奖结果体彩网:mediator or arbitrator. They can then ask a judge to turn their document into a court order that can be enforced against either spouse. When parents can’t reach their own agreement, a judge will decide based on factors such as financial support, emotional support, and community ties.

Besides their impact on children, custody decisions can affect a parent’s ability to move, which may limit their ability to get a new job or a fresh start.

The Bottom Line

Divorces are tricky enough when they only involve the divisio🍎n of money and property. They become far more complex when pets, children, and embryos eওnter the picture.

You may want to work through these i🐭ssues in mediation or arbitration. Asking a judge to make these decisions for you in court will eliminate much of your control and may result in unpredictable and undesirable outcomes.