Who gets pet custody in a divorce?

People often share a deep emotional bond with their pets and treat them like family. Therefore, in a divorce, it is difficult to consider them as simply another physical asset. Losing the companionship and comfort of a pet during a painful divorce could add an overwhelming level of grief and stress for most individuals.

Factors affecting pet custody decisions

New York courts might consider the pet’s overall well-being or best interest when determining which spouse should retain ownership of the animal following a divorce. Therefore, if you are facing a dispute, it is important to know the different factors a court weighs in determining custody. Some of the common factors that affect pet custody include:

• Primary caregiver: The court might look into who handled the pet’s primary needs such as feeding, grooming, walks and veterinary visits before giving a verdict.
• Financial ability to provide care: The court might analyze each spouse’s ability to take care of ongoing expenses, veterinary visits and emergency medical care needed for the pet before giving a judgment.
• Bond with pet: The depth and emotional connection between the spouses and the pet plays a significant role in the custody decisions.
• Work and travel schedules: The court often reviews the work hours and travel schedules of partners to ensure the pet will not be kept alone for an extended period.
• Relationship with children: If children are involved, the relationship the pets and children share could be prioritized while making a decision.

Historically, a pet is considered personal property or as “chattel.” However New York law takes care to avoid simply viewing pets as ordinary property. The statutory “best interests” standard applied in divorces is generally applicable to companion animals. Livestock and farm animals are generally excluded from these specific standards.

Protecting the relationship with your pet

When determining pet custody, the amount of time and money invested, emotional energy poured into caring for the pet could be taken into consideration while making a decision. As courts might consider a variety of factors while determining who should have custody, it can be helpful to review your circumstances carefully and understand the legal options available.