Pets and Family Law: Custody and Care

If you treat your pet like part of the family, it can be heartbreaking to think about giving up pet ownership. In a divorce or legal separation, the couple may have to decide who gets the pet and who ends up alone. Pet custody disputes are a common concern in divorce proceedings.

If you can’t decide who will keep the family pet, the court may have to decide for you. In special situations, you may even choose to share custody of the pet with your ex-partner. If you have questions about pet custody in divorce cases,  ask a family law attorney for legal advice.

Who Gets a Pet in a Divorce?

According to an American Pet Products Association survey, 70% of U.S. households own a pet. Unfortunately, if a family goes through a divorce, they will have to decide who gets to keep the pet. Pet ownership disputes are common in divorce cases.

Many owners treat their pets like family members. However, in the eyes of the law, a pet is considered property. The best option for the pet owners is if they can amicably decide who gets the pets. If the couple cannot determine who gets to keep the pet in a divorce, the court will decide on pet custody.

Most states treat a family pet as property in a divorce. However, some states have passed pet custody laws that consider the pet’s best interests. In California, family law judges have the authority to consider the pet’s well-being in pet custody cases. Factors the family court can consider in deciding ownership of the pet include:

• The pet’s primary caregiver
• Who spent the most time with the pet
• If the home environment is appropriate for the pet

Does Pet Custody Depend on Child Custody?

If you have children, the court may consider which parent gets primary custody of the children in deciding a pet custody agreement. If the children have a close attachment to the pet, a judge may be more likely to give custody of your pet to the parent with primary custody.

Can You Share Pet Custody?

Some couples decide that the best option is to share pet custody. Pet custody can work like child custody. You must decide on the joint custody agreement and develop a visitation schedule.

Shared custody and visitation rights are still rare for family pets in divorce. It may work best if you are on good terms with your ex after a separation. If you think it may be your best option, talk to your family law attorney about making arrangements as part of your separation agreement.

Is an Animal Considered Marital Property or Separate Property?

Property division in a divorce can depend on whether the personal property is marital property or separate property. Marital property refers to items and assets that the couple acquires during the marriage. Separate property generally refers to property that you have before the marriage.

For pet ownership, if you own a pet before getting married, the family court will generally allow you to keep the pet in a divorce. If you get a pet together as a couple or after marriage, the pet may be considered community property.

Can You Make a Prenuptial Agreement for a Pet?

Many married couples believe they don’t need a prenuptial agreement because they don’t think they will get a divorce. A prenup can provide for how alimony and particular property is handled if the couple ever gets divorced. This may include who gets the family pet in a divorce.

A couple can decide who will keep the family pet as part of the prenuptial agreement. Also called a pet-nup, this can avoid any disputes or custody battles over who gets the pets in a divorce.

How Can a Divorce Attorney Help With Custody of a Pet?

If custody of the pet is important to you after a separation or divorce, you should get legal advice about your options. A divorce lawyer can explain your legal options and fight for your right to care for your companion animal. For more information about the pet’s care in a divorce, speak to an experienced family law attorney.