Most people view their pets as beloved family members. As such, deciding custody of beloved furry companions can be contentious when couples separate. Please continue reading to learn what a pet custody plan entails and how a trusted Suffolk County Divorce & Separation Attorney can help you prioritize your pet’s best interests.
Who Gets Custody in a Divorce?
It’s crucial to understand that courts don’t handle pet custody like child custody. When children are involved in a New York divorce, the court will use the “best interests of the child” standard to resolve custody issues. This standard generally means that the court will examine several factors to establish a custody arrangement promoting a child’s well-being.
Although courts don’t view pet custody the same as child custody, they also don’t consider pets as pieces of personal property to be divided between divorcing parties, like a couch or table. In pet custody cases, courts use the best interest of the animal standard to determine custody and visitation. Pet custody laws only apply to companion animals, such as dogs, cats, and other domesticated animals that are cared for by an owner. New York courts don’t have to protect the best interests of farm animals.
Sometimes, the court may deem it appropriate to award shared pet custody. An agreement can be reached outside of court, or the court can help determine a shared custody schedule agreement depending on the animal’s needs and where each party lives. However, transporting a pet back and forth between residences may negatively impact the animal’s health.
How to Create a Pet Custody Plan?
When sharing custody of a pet, developing an arrangement that prioritizes the animal’s best interest is crucial. This involves assessing which household can provide the most suitable environment, including safe and secure conditions, sufficient space, and access to proper care and attention. If your new living situation is inappropriate for your pet, you can get creative with your pet custody plan. For example, the pet may live with your ex for most of the week, but you could get long walks on weekends to make up for that lost time while preserving the animals’ well-being.
Just like co-parting children, co-parenting a pet requires good communication and flexibility. In your plan, you should stipulate how the exchanges will happen and who will take the pet to the vet. In addition, you should discuss your flexibility in case emergencies occur or changes in your pet’s health needs occur. You should also determine how vet and other care expenses will be divided and what happens if one party wants to change the custody arrangement. Ultimately, your plan should prioritize the best interests of your pet.
If you are divorcing and concerned about your pet, please don’t hesitate to contact an experienced attorney from the Law Offices of Susan A. Kassel, P.C., who can help you create a pet custody agreement.
