Pet Custody: Who gets the Dog?
Sep 17, 2018
Getting divorced is never simple, and things can become even more complicated when pets are involved. Pet custody can be particularly complex in New York, so it is helpful to seek advice from a New York City divorce attorney. If you have a pet, here are a few things you should know.
How Does NY Law Decide Pet Custody?
Legally speaking, pets are not viewed as children in the state of New York. Unlike children, there is not typically a debate about who gets the pet or how much time you can spend with the vet. In most cases, New York courts will simply award the dog to whoever owns it. However, they do have more discretion than states where pets are treated solely as property. A court can award a pet to someone who does not have the title for the pet if they determine it to be the best outcome for the pet and any other parties in the divorce.
How Can You Prove Ownership of the Pet?
Though ownership is not necessary to seek custody of a pet, it can help demonstrate that you are the partner primarily responsible for its care. Your New York City divorce attorney may advise you to collect the following proof:
- A registration with your name on it
- Veterinary records in your name
- A microchip that includes your name
- Registrations in the AKC, CFA, or other pedigree associations
- Receipts or card statements showing you purchase food and other goods for the pet.
Is There Any Way to Get the Pet If You Do Not Own It?
Because New York law often leaves pet custody decisions up to the courts, it is important to have a knowledgeable New York City divorce lawyer on your side. You may be able to argue that you should receive custody of the pet because you provide better care, your former partner has neglected it, or it is primarily your child’s pet. Courts may also consider how you and your partner have cared for the pet since separating.