The essentials
- Pets are legally regarded as personal property — Courts typically don’t get involved in pet custody disputes unless a couple can’t reach an agreement on their own.
- Some states have special circumstances for pet custody — Some states take the pet’s best interest into account, whereas others focus on financial investment or primary ownership.
- If there is legal involvement, they’ll consider various factors — These can include whether the pet was owned by one person prior to the relationship, if the pet was a gift, or if children are involved.
When a relationship ends, the question of who keeps a pet can be just as emotionally charged as any other custody issue. In today’s age, pets are considered members of the family, and deciding their future can be difficult if a couple splits up.
Just like with any family member, determining pet custody requires careful consideration and, sometimes, legal action.
Pet custody laws by state
Determining who gets custody of shared pets after a relationship ends can be a complex and emotional issue. In the eyes of the law, most states regard pets as personal property, similar to furniture or vehicles.
In other words, in a separation or divorce, pets are typically treated as assets to divide between the parties. Courts usually focus on ownership and financial investment rather than the pet’s well-being.
Well-being and special circumstances cases
However, some states consider a pet’s well-being in custody disputes. These states may take into account who primarily cared for the pet, the living conditions each party can provide, and their overall best interest. This approach reflects the growing trend of viewing pets as parts of the family versus property.
States that consider a pet’s well-being in custody disputes include:
- Alaska
- California
- Illinois
- Maine
- New Hampshire
- New York
- Rhode Island
- Washington D.C.
There are two states that have special circumstances when it comes to pet custody:
- Vermont. The focus on a pet’s well-being is more thorough and highly considered. Courts may look at a variety of factors when deciding, including the pet’s daily routines, how they’re cared for, the emotional connection to the owners, and the pet’s overall best interest.
- Texas. Courts usually aren’t involved when it comes to pet custody in Texas, but rather, they’re viewed as “community property.” However, if child custody is filed during the split, that can change how your pets are viewed and handled. (e.g. if you get sole custody of the child, you’ll also get sole custody of the pet).
Factors to consider in pet custody cases
Since most states view pets as property, courts typically don’t get involved in pet custody disputes unless a couple can’t reach an agreement on their own. If pet parents truly can’t come to a decision, the court will consider various factors based on their specific circumstances.
Owned the pet before marriage
If one partner owned the pet before the marriage, the pet is usually considered separate property (i.e. individual property that isn’t included in the division). In this case, the original owner will likely keep custody of the pet.
Received a pet as a gift
If a pet was given as a gift to one partner, the recipient is generally considered the rightful owner. Courts often look at who the pet was intended for and may award custody to that individual, regardless of who has been the primary caregiver.
Pets + children
If children are involved, courts may consider their relationship with the pet as part of their decision. Often, the pet will stay with the parent who has primary custody of the children, especially if the pet provides emotional support or stability for the child.
Shared custody of pets + visitation
In some cases, couples may agree to share custody of their pet or set up a visitation schedule. While most states won’t legally enforce this, some courts may honor these agreements if both parties consent. Shared custody or visitation can give both pet parents a way to maintain a bond with their pet, even after the relationship ends.
Cohabitating and legal rights
Most legal framework around pet custody disputes focuses on married couples going through a divorce. For pet parents who cohabitate but aren’t married, custody of a pet is usually pretty straightforward — though there can be some legal woes.
In most states, pets are considered personal property, so custody usually comes down to who can prove ownership. If you can’t decide who should keep the pet on your own, the issue goes to small claims court versus family court.
Key factors that courts might consider include:
- Proof of purchase or adoption. The person who can provide documentation, such as a receipt from the breeder, adoption papers, or vet bills in their name, is more likely to be considered the rightful owner.
- Primary caregiver evidence. If one person has been primarily responsible for the pet’s care—paying for food, medical expenses, and daily management—that person may be more likely awarded custody.
Pet as stolen property
If one partner takes the pet after a breakup without deciding with the other partner first, it could be considered theft. In this case, the person who believes the pet was stolen could file a police report. The situation would be treated similarly to any other personal property dispute.
It’s important to note that police involvement in pet disputes is rare, and most law enforcement agencies may be hesitant to get involved unless clear evidence of theft or ownership is presented. Disputes over pet custody among cohabitating couples are often handled in civil court rather than through criminal proceedings.
Above everything, the welfare of your pet should be the top priority when a relationship ends. It’s important to consider what arrangement will best support your pet’s well-being, whether staying with one person, sharing custody, or finding another solution.
If you’re facing a dispute over pet custody, it’s best to speak to a qualified third party (e.g. legal counsel) who can advise you on your specific situation. Also, consulting with your pet’s veterinarian or trainer might offer valuable insight into what’s best for them. They can also make sure their needs are met during the hard life change.
Frequently asked questions
Who owns a pet in a breakup?
This depends on a variety of factors, such as if the pet was owned by someone before the relationship, who takes primary care of the pet, whether there are kids involved, and more.
In a divorce can one party buy the pet from another?
In most states, pets are considered personal property. Custody of pets will be handled like any other property between the two parties. If they can’t decide, they may need to go to small claims court.
Is there such a thing as a ‘Pet-Nup’?
Yes! These are the pet equivalent of a pre-nuptial agreement but with pet welfare as the focus. These can be written up before a relationship begins to determine who will get the pet should the pet parents separate.
How does shared custody work with pets?
In some cases, couples may agree to share custody of their pet or set up a visitation schedule, similar to that with a child. Shared custody or visitation can give both pet parents a way to maintain a bond with their pet, even after the relationship ends. It’s up to the pet parents to decide, though, as most states won’t legally enforce this.
