Last Updated: April 07, 2025
More and more divorcing couples in New York City are asking the same question: Who gets to keep the dog? Or the cat, the bird, or even the family ferret. For many, pets aren’t just property — they’re family. When a relationship ends, deciding who keeps the pet can become one of the most emotional parts of the divorce.
From Property to “Best for All”: How Courts Handle Pet Custody
Under New York’s Domestic Relations Law, marital property includes assets acquired during the marriage, and that used to include pets. Traditionally, courts treated pets like other property: whoever bought the animal or could prove ownership would keep it.
But times have changed.
New York courts now take a more thoughtful approach in pet custody disputes, especially in divorce cases. Rather than treating pets strictly as property, courts now consider what’s “best for all involved.” That includes looking at who the primary caregiver is, where the pet would thrive, and how each party’s relationship with the animal factors in.
Key Factors Courts Consider in Pet Custody Cases
To determine where the pet should go, New York courts examine several key factors. If you’re hoping to win custody, you’ll need to show the court that you meet these considerations:
- Who benefits most from having the pet — emotionally, mentally, and practically
- Who has been the primary caregiver (feeding, walking, grooming, vet visits)
- Who spends more time with the animal
- Where the pet has been living during any separation
- Which party can provide the most stable and loving home
- Whether either party has mistreated or neglected the pet
You don’t need to be perfect — but you do need to show that your continued care is in the pet’s best interest.
How to Strengthen Your Case for Pet Custody
If you’re serious about keeping your pet, preparation matters. Start gathering evidence that supports your claim:
- Keep receipts for food, grooming, training, and veterinary care.
- Collect photos or videos that show you actively caring for and bonding with the pet.
- Ask for witness statements from friends, neighbors, or dog walkers who can confirm your role as the primary caregiver.
- Save texts or emails that mention your responsibilities and attachment to the pet.
The more documentation you can provide, the stronger your position will be in court.
What About Pet Custody Agreements?
Not every case has to go before a judge. In fact, many couples are able to work out their own pet custody arrangements, and courts generally support that.
Some divorcing spouses create written agreements that include:
- Shared custody or visitation schedules
- Pet-related expense sharing
- Terms for resolving future disputes
Our Brooklyn pet custody attorneys can help you negotiate and draft an agreement that reflects your pet’s needs and protects your role in their life. If things can be settled amicably, we’ll help make sure your agreement is enforceable.
Let Us Help You Protect Your Pet’s Place in Your Life
Pet custody may be a relatively new legal issue, but it’s one we take seriously. At The Gilmer Law Firm, we’ve helped clients throughout New York City fight for their rights to keep the animals they love. We understand the emotional stakes — and we know how to make a strong, evidence-based case in court.
If you’re worried about losing your pet in a divorce, don’t wait until it’s too late to act. Contact our office today for a free phone consultation. We’ll walk you through your options, explain how courts are likely to view your case, and help you take the next steps to protect your furry (or feathered) friend.
