In a New York divorce, if you want to keep the pet, you may need to get the other party to agree to this arrangement, or you will have to otherwise convince the court why it is in the pet’s best interests to be with you after the divorce. As such, the court must determine pet custody in accordance with the best interests of the animal, rather than treating the animal as property. Understanding the factors that can influence the outcome is critical to protecting your relationship with your furry friend.  Keep reading to learn more about pet custody and discover how a seasoned Suffolk County Divorce & Separation Attorney can help you.

How Is Pet Custody Handled in a New York Divorce?

In today’s society, pets are typically considered important parts of the family. A 2025 survey found that nearly 94 million families, or 71% of American households, own a domestic pet. That being said, when divorcing, couples often face hotly contested pet custody disputes. For many married couples, their pets are like children.

Although you may consider your pet a member of your family, the law may view your family pets as part of marital property. In some states, pets are considered personal property and are subject to equitable distribution. However, in recent years, the courts have changed the way they handle pet custody.

In New York, pets are no longer considered just another piece of property to be divided between divorcing couples. While New York does not utilize the same procedure for pet custody disputes as implemented in child custody cases, the court will consider the best interest of the animal rather than treating a household pet strictly as personal property. As such, pet custody laws protect the animal’s best interests. Under pet custody laws, the court must consider the best interests of the animal, whether the owners have committed animal cruelty, and any other pertinent factors to determine who should keep the family pet in a divorce.

What Does New York Law Consider a “Companion Animal”?

  • Dogs kept primarily for companionship
  • Household cats
  • Domesticated household animals cared for by an owner
  • Animals who primarily reside in the family home

It’s important to understand that this law does not extend to apply the same standards to animals like:

  • Farm animals
  • Livestock
  • Animals owned for commercial breeding

Factors Considered by the Court in Pet Custody Cases

In accordance with New York State law, the courts will generally consider:

  • The overall best interest of the animal
  • The spouse who was primarily responsible for everyday care, including feeding, walking, and playing with the pet
  • The grooming and veterinary responsibilities
  • The living arrangements of each spouse after the divorce
  • The ability of each spouse to provide stability for the animal
  • The relationship between the pet and any children the couple has
  • The emotional attachment between the owner and the animal

Can Suffolk County Spouses Share Custody of a Pet After a Divorce?

In some New York divorces, a couple may voluntarily agree to split custody of a pet. While the court will consider the best interests of the animal when determining who will keep the pet, the court will not create a shared pet custody schedule. However, if spouses are able to reach an agreement, they may submit it to the court, which can then include it as part of the final divorce decree. A shared custody schedule can allow both spouses to maintain a relationship with the animal after the divorce. However, these are not always practical and can depend on the specific needs of the animal.

What May Be Included in a Shared Custody Pet Arrangement?

  • A visitation schedule
  • Transportation between households
  • Responsibility for veterinary care and grooming expenses
  • Decision-making authority
  • Agreements regarding pet care or grooming
  • Cost-sharing for expenses like food, medication, and supplies

Situations Where Shared Pet Custody May Not Be Ideal

  • One spouse moves far away, making shared custody impractical
  • The pet endures stress when traveling
  • The relationship between the spouses is tense and high-conflict
  • The pet has special medical or behavioral needs

How Can I Improve My Chances of Obtaining Custody?

If you are seeking custody of your pet, you can increase the odds of a judge ruling in your favor by showing evidence that you are dedicated to being a good pet owner. You should provide the court with extensive documentation to improve your chances of getting custody.

Evidence That May Strengthen Your Pet Custody Case

  • Veterinary records that show you handle appointments
  • Photos and videos showing your involvement with the animal
  • Microchip registration information
  • Testimony from veterinarians or other caretakers, like groomers and dog walkers
  • Proof that you have a suitable home environment for the pet

Why Children Can Impact Pet Custody Decisions

If you have children, it is important to show the relationship and attachment your children have with the pet. Generally, courts will try to keep children and pets in the same household. Ultimately, you want to demonstrate to the court the relationship you have with the pet.

Contact an Experienced Suffolk County Family Law Firm Today

If you are seeking custody of your pet, you need a determined Suffolk County divorce and separation attorney on your side. At the Law Offices of Susan A. Kassel, P.C., our firm is prepared to help you gather pertinent evidence that proves it is in your pet’s best interest to stay with you after a divorce. Contact us today to learn how we can fight for you during these difficult times.