What You Need to Know About Pet Custody Laws

So, you and your partner have split. This might be a difficult time for you, and having a pet can make your situation infinitely more complex. As you are going through this transition in your life, the last thing you want to worry about is the well-being of your beloved pet. Luckily, the answer is pretty straightforward. The laws of your state usually determine who gets custody of your pet.

The first thing to keep in mind in this situation is that in most states, pets are considered property. This means that the person who purchased your pet will typically be given sole ownership of the dog without consideration of the pet’s best interest. Another thing to remember is that the circumstances of your relationship will impact how the court decides custody of your pet. In a divorce proceeding, the pet will be dealt with according to state law, but unmarried couples may need to sue or acquire a writ of replevin for custody of the pet, depending on the situation.

State Consideration:

As aforementioned, the majority of states do not consider special circumstances. The person who can prove ownership is usually the one awarded custody. However, there are a few states that consider different factors. Every situation is different, so do sufficient research on your state guidelines to ensure you do what’s best for you and your pet.

• Texas – Texas courts view pets as community property. Pet custody agreements will change depending on the situation.
• Vermont – Vermont courts will consider the animal’s best interest, welfare, emotional connection to each person, how it’s cared for, etc.
• Alaska – Considers the well-being of the animal; Sole or joint custody
• Rhode Island – Considers the best interest of your pet; Sole or joint custody
• New York – Considers the best interest of your pet
• Maine – Considers the well-being of the pet
• California – Looks at how the pet is cared for and by who; Sole or joint custody
• New Hampshire – Considers the well-being of the pet
• Washington D.C – Considers best interest of the pet; Sole or joint custody
• Illinois – Considers the well-being of the animal; Sole or joint custody

 

Primary Caregiver:

Assuming you are local to Peak City Puppy and in Apex, Cary, Fuquay Varina, Holly Springs, Morrisville, Raleigh, Angier or Willow Spring, you will likely need to prove that you are the primary caregiver for your pet to gain custody. How do you do this? Simply put, you will need to provide the courts with evidence that you have spent and cared for your pet the most. Some items you can provide the courts with include: Adoption records, microchip records, schedule of pet care routine, veterinary bills, receipts for food and items purchased, and pet registration with your name on it.

You will also need to prove that you will be able to care for your pet once you are given custody/ownership. Some evidence of this will include proof that you can financially support your pet, have time for the animal, have sufficient space for it to stay, and prove that your housing allows animals.

*If you already owned your pet before the relationship, it is considered separate property. If you acquired a pet during the marriage, the pet will be considered marital property and will be handled like all other assets.*

The process of deciding on animal custody can be long and draining, but despite this, it is important to keep your pet’s best interest in mind. As much as we love our pets, there are circumstances where we cannot provide them with the life they deserve. If this is the case, creating an agreement that makes both parties happy is key. Many of these cases can be handled outside of court, but if this is not possible, allowing the law to handle the situation is best for both you and your pet.

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