Whether it’s a cat, dog, or other animal, we know you have a strong bond with your pet. Unfortunately, the emotional bonds between pets and owners can cause complicated disputes during New York divorces. If you and your spouse both want to keep your pet, how do courts decide the issue?
New York Laws on Pet Custody
Until recently, New York courts treated pets similarly to other property and gave little consideration to the animal’s needs or the best interest of the pet.. However, a new state law now requires courts to treat pets (“companion animals” in legal terms) differently from other property during divorce proceedings. Courts must now consider the “best interests” of the pet when deciding who should retain custody. This approach, which is similar to how courts make child custody decisions, acknowledges that pets are more than property—they are beloved companions with emotional and practical significance to both parties.
When determining custody, the court evaluates several factors, including:
- Primary Caregiver – The court considers which spouse has been primarily responsible for the pet’s care. This includes feeding, grooming, medical appointments, and overall attention to the pet’s well-being.
- Emotional Bond – Judges assess which party has a stronger emotional bond with the pet and whether the pet appears more attached to one spouse.
- Living Arrangements – The court looks at each spouse’s living situation post-divorce, ensuring the pet will have adequate space, safety, and a stable environment.
- Ability to Provide – Financial stability and the ability to afford veterinary care, food, and other necessities play a role in pet custody decisions.
- Pet’s Welfare – The pet’s age, health, and specific needs are also taken into account, ensuring the arrangement benefits the pet.
By focusing on the pet’s best interests, New York courts aim to make decisions that support their welfare and happiness.
How to Make a Strong Case for Custody of Your Pet
To make a strong case for custody of your pet during a divorce, focus on demonstrating your role as the primary caregiver. Gather evidence showing that you handle daily responsibilities, such as feeding, walking, grooming, and scheduling veterinary appointments. Receipts for pet-related expenses, veterinary records in your name, or testimony from neighbors, friends, or pet care providers can support your claims. You can highlight your emotional bond with your pet by providing photos, videos, or examples of your regular interaction and care.
Additionally, emphasize your ability to provide a stable and suitable living environment for the pet after your divorce, including adequate space, safety, and financial resources for their ongoing needs. If your pet has special requirements, such as medication or unique care routines, show that you are best equipped to meet those needs. Being proactive, organized, and prepared with evidence strengthens your case and demonstrates your commitment to your pet’s well-being.
Trust Lisa Zeiderman to Help You Keep Custody of Your Pet
Proving to the courts that you should keep custody of your pet isn’t easy, but Attorney Lisa Zeiderman can help. Attorney Zeiderman can help you compile evidence to support your claim and present it in the best light. She can also assist you with filing the necessary forms and other aspects of your case. Call now or complete our contact form for a consultation.