What are the Pet Custody Laws in NY?

Jun 21, 2018


Pets and Divorce 

Pet custody is a hot topic among divorcing couples today. Many people are afraid that they will never see their pet again after they go through a divorce. It is important to note that judges do not treat pets the same way as they treat children or property.

What Determines Pet Custody in A Divorce?

If there are children involved then the best interest of the child is one of the things that will determine who gets custody. However, the state of New York uses something called the “best for all concerned” to determine who will get custody of the pet. The judge will also consider the following when determining pet custody.

Registration and License

The person who registers the pet is normally the one who is responsible for it. That is why the judge will consider who the pet is registered with when awarding custody.

Veterinary Records

The judge may also consider veterinary records. When a pet is taken to the vet, a person is required to list an owner. Married people can put themselves and their partner as the owner. Additionally, the judge may consider who paid the most for veterinary care.


Microchipping is one of the best things that you can do to keep your pet safe. This is also something that the judge will take into consideration. If one partner had the pet microchipped, then then the judge will be more likely to rule in their favor.

The arrangement between the partners and how the pet was acquired are other things that will be taken into consideration.

Contact the Brighton Beach Divorce Lawyer

Because laws regarding pet custody can be complicated, you need a divorce attorney in Brooklyn. A Brighton Beach divorce lawyer will be able to tell you about all of your legal rights. They will also help you determine a pet custody arrangement that works for everyone.