Who Gets to Keep the Dog? Deciding Pet Custody in New York State

Many people have emotional bonds with their pets and consider their pets part of the family. What happens when these individuals divorce? Is there some standard for determining who gets the pet in the case of divorce?

In New York State, we do have such a provision. If your pet were your child, the court would make decisions regarding the child by evaluating the child’s best interests. Under Domestic Relations Law § 236, the courts are required to consider the “best interests of the pet” when assigning custody. Nonetheless, pets are still considered property under New York law and subject to equitable distribution. But the courts are still required to consider the pet’s best interests.

What factors does the court use to determine the best interests of the pet? 

If the pet were a child, there would be a non-exhaustive list of considerations the court would have to evaluate to determine what is in the child’s best interests. The law is a little bit lighter when it comes to pets. Courts will evaluate the pet’s best interests to determine who should have “custody” of the pet post-divorce.

There have been numerous cases involving pets since Domestic Relations Law § 236 was signed into law. Precedents have been set by numerous cases throughout the State of New York. In one case, (L.B. v. C.C.B., 77 Misc. 3d 429 (2022)), the court opined that, “In determining the best interests of a companion animal … the reviewing court should consider the totality of circumstances by weighing relevant factors applicable to the care of a companion animal … no single factor is dispositive.”

In so doing, the court provided a non-exhaustive list of factors to consider. These include:

• The involvement (or absence) of each party in the companion animal’s life
• The availability and willingness of each party to care for the companion animal
• Each party’s involvement in the health and veterinary decisions of the companion animal
• The quality of each party’s home environment with regard to the companion animal
• The care and affection each party shows toward the companion animal
• Each party’s fitness with regard to their caretaking abilities

The case above was one of the first to address the issue of companion animals with regard to their best interests. Since then, several more cases have expanded the factors a court is required to consider when “distributing” a companion animal to a spouse. These include:

• Claims toward general ownership of the animal
• Each party’s ability to meet the emotional and physical needs of the companion animal
• The financial ability to care for the companion animal
• The companion animals’ access to outdoor environments and activities
• Each owner’s ability to provide opportunities related to exercise and socialization
• Access to veterinary care and necessary medical supplements
• The time required to meet the companion animal’s needs on a daily basis
• The reasons why each party would benefit from having the companion animal

Talk to a Rockland County, New York Divorce Lawyer Today 

The Law Office of Robert S. Sunshine represents the interests of Rockland and Westchester County residents pursuing a divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin addressing your needs right away.

Source:

nycourts.gov/Reporter/3dseries/2022/2022_22320.htm#:~:text=While%20recognizing%20that%20%22they%20are,omitted%20for%20purposes%20of%20publication.%5D&text=Footnote%20*:Effective%20October%2025%2C%202021.