When couples in New York divorce or separate, deciding who keeps the family pet can be one of the most emotional parts of the process. Until recently, the law viewed pets as personal property—no different than furniture or jewelry. That changed with the passage of New York’s pet custody law, which requires courts to consider the best interest of the animal when deciding who gets custody. This shift reflects how deeply pets are woven into our families and ensures their well-being plays a significant role in divorce proceedings.
Understanding Pet Custody in New York
When couples separate, questions about who keeps the dog or cat can become surprisingly contested. In New York, courts historically treated pets like property. But that is changing. Since October 25, 2021, New York has required courts to consider the “best interest” of a companion animal when deciding possession in a divorce or separation. Senate Bill S4248 / A5775, signed into law, amends Domestic Relations Law § 236 to insert this requirement. This law does not make pets the legal equivalent of children. It rather adds a factor judges must weigh in deciding which spouse should have possession.
How Is Pet Custody Determined?
Under the revised statute, when awarding possession of a companion animal, courts must weigh the “best interest” of the pet as one factor among those listed in the law. Because the “best interest” standard is flexible and fact-specific, judges may consider:
- Who has actually been caring for the pet day to day
- Who pays for veterinary bills, food, grooming, and other costs
- The stability of each party’s home (space, safety, routines)
- Access to outdoor space, walking routes, and pet-friendly features
- The pet’s ties to the environment (e.g., neighborhood, familiar surroundings)
- Any evidence of neglect or mistreatment
- Willingness to share custody, visitation, or access
No single factor will be decisive. Instead, courts look at the full picture to determine which arrangement better serves the pet.
How to Get Custody of a Pet During a Divorce
If you are divorcing and want to keep or share custody of your pet, here are steps you can take:
- Document your role in pet care. Keep records of vet visits, grooming, food purchases, walking or training schedules, and other pet-related expenses.
- Propose a custody plan. Suggest a schedule that makes sense for your work hours, travel, and living arrangements. Be realistic and show flexibility.
- Address decision-making authority. You might propose that one party handles medical decisions, vaccinations, or emergencies, or requires consultation in major decisions.
- Include cost-sharing terms. Agree in advance how to split ongoing and unexpected costs (e.g., vet emergencies).
- Seek temporary orders if needed. In the early months, ask the court for interim custody or access while the divorce proceeds.
- Present your case clearly. In court, present your documentation and show how your proposed arrangement aligns with the pet’s interests.
Because this area of law is still evolving, litigation can become costly and unpredictable. Many couples try to agree on a pet custody plan to avoid prolonged courtroom battles.
Can You Share Custody of a Pet in New York?
New York courts can allow shared custody or “visitation” for pets if both spouses agree. A shared arrangement might include alternating weeks, weekends, or designated holidays. Clear agreements help prevent conflict and protect the animal’s routine.
When couples can cooperate, a written pet custody agreement outlining schedules, cost-sharing, and decision-making for medical care can make life easier for everyone, including the pet.
Why Work With a Lawyer Who Cares About Your Pet (and Your Budget)
At The Gilmer Law Firm, PLLC, we recognize how emotionally and financially sensitive pet custody matters can be. We aim to be affordable while providing strong legal guidance. We help clients:
- Understand how the “best interest” standard applies in practice
- Gather and present the right documentation
- Draft a thoughtful custody and cost-sharing plan
- Negotiate and, when necessary, litigate on your behalf
We strive to tailor our approach so that your case moves forward without exceeding your budget.
Your Next Steps (Because Your Pet Matters, Too)
If you are facing divorce or separation and want to address pet custody, now is the time to act. Contact The Gilmer Law Firm, PLLC, for a consultation. Let us help you protect your pet’s well-being and your rights—at a cost you can manage.
