Nowadays, more people consider pets family members, not just property. This shift is especially true for couples without children, where pets often fill that familial role. As such, it doesn’t come as a big surprise that determining pet custody can be as contentious and emotionally draining as a child custody battle.
New York’s stance on pet custody
The move away from viewing pets as property sparked a change in how New York courts handle pet custody during divorce. Since 2021, a new pet custody law requires courts to consider your pet’s best interests. This approach aims to ensure the pet’s well-being after the divorce.
Judges consider factors such as:
- Who is the primary caregiver
- Which spouse takes the pet to the vet
- Who spends more time with the pet
- Whose emotional bond is stronger
The criteria for determining pet custody are now more similar to those used for child custody, instead of basing it on financial contribution or factors used for property division.
What animals count as pets?
New York law defines “companion animals” as domesticated animals or animals kept for companionship rather than commercial purposes. This includes dogs, cats and rabbits, but not livestock or farm animals. However, there are exceptions.
Take prized show horses, for example. The court may still consider them pets since you raised them for non-commercial or farming purposes.
Planning ahead with a prenup
Prenuptial agreements can help you get custody of a beloved pet. Remember, you may only include pets in a prenup if you already had them before marriage. If you and your spouse adopted a pet after marriage, consider getting a postnuptial agreement.
A pet clause in the prenup may also help you receive financial support for pet care. This is especially true if you and your spouse own exotic pets or ones who need expensive care.
Legal guidance is key
You can navigate pet custody smoothly with proper legal guidance and support. Consulting an experienced New York family law attorney can help you understand your legal options and protect your beloved pet’s interests.
At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is considering divorce and worrying about pet custody, reach out to schedule a consultation at 646-665-3903 or by contacting us online.
Let Me Be Your Brave
Mia Poppe, Esq.
Managing Partner