Pet custody continues to be one of the hottest topics in divorce law.   Divorcing couples will go to war to fight for custody of their beloved dog or cat. Until recently there was no clear standard for pet custody cases; it was not clear whether New York divorce courts would treat dogs and cats like children in a custody case or like personal property.

Recently, as a result of this trend, Alaska became the first state to legally empower judges to consider the well-being of companion animals in divorce cases and award custody of the pet to one of the divorcing parties.

As I have previously written, several courts in New York have been forced to decide custody of dogs in contested divorce cases.   But unlike Alaska, New York courts have established criteria to establish custody of dogs and cats.

Animal Matters Podcast

Host Jeff Simons was joined by guest host Erin Clarke and guest, attorney Daniel Clement, discussing how to navigate pet custody issues.

New York Pet Custody Criteria

New York courts have expressly held that custody of dogs are not children and that custody of the family pet will not be based on the same standard as child custody.   In child custody cases the most important factor is what are the best interests of this children.

While dogs will not be treated is custody cases like children in New York, they also will not be treated as personal property.  Title alone will not determine pet custody.

Instead, to determine custody of dogs and cats, New York courts will use a “best for all concerned” standard.  In determining which party should obtain custody of the family pet, a court will consider:

• How the pet was acquired
• How the pet was cared for during the relationship
• The actual arrangement between the parties for spending time with a pet after the parties split up.

Pet Custody Procedures In NYC

You don’t necessarily have to go to court to keep custody of your pet. Many separating couples pursue alternative dispute resolution methods, such as mediation, to divide property, arrange child custody, and determine pet custody. Even if you aren’t getting a divorce—perhaps you have a roommate or are not married to your significant other—you can still use the same legal avenues as a married couple.

As your attorney, we can represent you in pet custody negotiations, whether through mediation or informal discussions with the pet’s other owner. We’ll help you explore whether shared custody is feasible for your new living situation or make a compelling argument for why your home is the best environment for the animal. For instance:

• Is your pet in poor health, and do you have the time and resources to provide necessary care?
• Do your children live primarily with you and need the pet nearby for emotional comfort post-divorce?

If the matter goes to court, we’ll help you present your case and address critical questions like:

• Who adopted the pet, and under what circumstances?
• Who regularly cares for the pet (e.g., walking, feeding, vet visits)?
• Who spends the most time with the pet?
• Is one arrangement clearly in the animal’s best interest?
• Is shared custody a practical option?

Our extensive experience helping pet parents resolve custody disputes makes us uniquely qualified to advocate for you in these sensitive situations.

Do You Need Help With A Pet Custody Dispute?

Your pet may mean more to you than ever after a relationship ends. Fighting for your comfort animal shouldn’t be a burden you face alone. Our New York pet custody matters lawyer can help. Contact the Law Office of Daniel Clement today for a consultation.

What Our Clients Say

Very knowledgeable. Daniel made things much easier in my custody case. He helped me to prepare and with his recommendation we avoided going thru the pain of a trial.
Thanks a lot Daniel!

– Felipe R.

Law Office Of Daniel Clement – NYC Family Law Firm

112 Madison Ave Suite 800
New York, NY 10016