How Does Pet Custody Work? Long Island Divorce Attorney Explains

Posted by RobertEHornberger on February 8th, 2017

As a Long Island divorce attorney, I have seen that Long Islanders, young and old, are increasingly attached to their pets. From pet birthday parties, pet clothing and costumes, and photos of pets appearing on holiday cards, the attachment Long Islanders feel toward their pets is clear. Cats and dogs especially become an integral part of the family. When it comes to divorce, Long Islanders are increasingly concerned about what will happen to the family pet. Who will get the pet? Will the pet go where the children go? What about visitation? Fortunately, there are legal standards that can help you to answer these questions or understand what might happen in your situation and why.

Long Island Courts Consider Pets as Property for Equitable Distribution

Sometimes, the spouse who takes care and custody of the pet during the divorce will demonstrate to the court that he or she is the primary caretaker of the animal, and should therefore have custody of the pet. Courts tend to view this person as the actual owner of the pet. This is important to consider if you feel you are the owner but have been the one to leave the marital residence upon your separation and did not take the pet with you. This principle can also sometimes be an indicator of primary caretaker of children, as well as who will continue to reside in the marital residence after divorce, so keep those points in mind as well.

Pets Often Stay with the Children

Another thing to consider is who will have primary custody of the children, and whether the pets should also reside with them. Depending on your custody and visitation agreement, it may be possible to work out an agreement with your former spouse that allows you to visit with the pet when you visit with the children, and take both children and pets with you for weekends, holidays, or vacations if you are the noncustodial parent. Your former spouse might even appreciate your willingness to take on the additional responsibility at times, and you will benefit from additional time with your pet, and happier children as a result.

If you and your spouse can come to an agreement on your own, this is often the best option. Divorce Mediation is highly recommended, and can help you and your former spouse come to an agreement about who gets custody of the pet. Courts are often unwilling to order a pet joint custody or visitation agreement because of enforcement and oversight issues, but you might be able to reach such an agreement with your former spouse in mediation.

Robert E. Hornberger, Esq. is an experienced Long Island Divorce Attorney serving clients in Nassau County, Suffolk County, and the five boroughs of New York City. With offices conveniently located in Melville on the border of Nassau and Suffolk County, the divorce law firm offers free consultations on all divorce or family law needs, whether it be child custody, visitation, child support, divorce litigation or divorce mediation. Contact us today at 631-923-1910 to schedule your free consultation.