Divorcing couples often face tough decisions about how to divide their assets. In recent years, many divorcing couples have also had to deal with a new kind of challenge—determining who gets custody of the family pet. Pets hold an important place in a family, and deciding their future can be an emotional process.
Pets as property or family members
Traditionally, courts have viewed pets as property, similar to furniture or other household items. In these cases, the court might award the pet to one spouse based on ownership, purchase history, or value. However, attitudes about pets have changed. Many now view pets as family members, not mere property, which has led to changes in how courts approach pet custody.
Pet custody laws in some states
A growing number of states have started to pass laws that address the well-being of pets in divorce cases. These laws allow judges to consider the best interests of the pet when deciding who should keep it. For example, some states look at which spouse has served as the primary caregiver, who spends more time with the pet, and who can provide the most stable living environment.
Creating a pet custody agreement
For couples who want to avoid the uncertainty of leaving the decision to a judge, creating a pet custody agreement can be a good option. This kind of agreement can outline who gets custody of the pet, how visitation will work, and how expenses will be shared. Mediation can also help couples decide what arrangement will serve the pet’s needs.
What to consider when deciding on pet custody
The well-being of the pet should be the top priority. Factors like who has more time to care for the pet, who will provide the healthiest living environment, and any emotional attachments the pet may have should guide the decision. In many cases, the right solution involves a shared custody arrangement, where both parties continue to care for and spend time with the pet.
Pet custody can be a challenging aspect of divorce, but thoughtful planning and cooperation can ensure a good outcome for everyone involved—especially the pets.
