When couples decide to dissolve their marriage in New York, one of the most emotional issues they may face is deciding who gets custody of the family pet. For many, pets are like children, and the thought of their welfare being uncertain during a separation can be incredibly distressing. Please continue reading as we explore the legal landscape surrounding pet custody in New York divorce cases and how an experienced Garden City Divorce Lawyer can help ensure your pet’s best interests are protected.
Are Pets Considered Property or Family in a New York Divorce?
Traditionally, New York courts considered pets as personal property, akin to other assets like furniture or a car, when dividing them in legal disputes. However, in 2018, new legislation was passed in the state that fundamentally changed this approach. Judges are now required to consider the “best interest” of the companion animal when making decisions, mirroring the considerations in child custody cases.
New York law recognizes that pets are much more than just property. When determining their best interest, the court will examine the following:
- The primary caregiver: The judge will take into account who walks the dog, takes the pet to the vet, and provides daily feeding and care.
- Housing and environment: A pet-friendly living arrangement will weigh heavily in these decisions.
- Emotional connection: Evidence that demonstrated the strong bond between a pet and one of the spouses or the children can influence the outcome.
- Special needs of the pet: If the pet requires specialized care, the court will consider which spouse is better equipped to provide it.
Ultimately, the law recognizes the unique role pets play in families and strives to avoid treating them as mere property during divorce proceedings.
Does Child Custody Affect Who Keeps the Family Pet?
In New York, child custody can affect who keeps the family pet, as most courts consider the child’s attachment to the companion animal when deciding pet custody. Judges often allow pets to remain with the children for stability. If one spouse is awarded primary custody of the child, they may also be awarded the family pet. It’s important to show proof of the strong bond, like eyewitness testimony, photos, or evidence of shared activities.
You can negotiate a pet custody agreement outside of court to reduce conflict down the road. You should outline details like who will keep the pet, visitation schedules, transportation, and financial responsibilities for food, grooming, and veterinary care. It’s important to decide who will make a decision in case of medical complications.
A dedicated attorney at the Law Offices of Eyal Talassazan, P.C. can help you navigate the complexities of pet custody agreements, present strong arguments in court, and work towards a resolution that prioritizes your beloved companion’s well-being. Don’t face this challenging time alone. Contact our firm today to schedule a consultation.
