Pet Custody Agreement
A Pet Custody Agreement explains what happens to co-owned pets in the event that the owners are to separate.
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Frequently Asked Questions
If a marriage or partnership ends on bad terms, jointly owned pets can often become collateral damage. Without a Pet Custody Agreement, either party can claim to be the pet's primary owner. Given the fact that most courts view pets as personal properties, the judge will ask for proof of who bought the pet and when. If you had your pet long before you entered the relationship, you'd likely be able to keep your pet as the primary owner. However, sometimes the other party may be able to prove that they took care of most of the pet’s needs in arguing for ownership rights. Other consequences of not having a Pet Custody Agreement may include traumatic separation of pets from children and perhaps even the pets having to be put up for adoption absent an equitable resolution.
If a couple decides to adopt or purchase a pet together, it is best to create a Pet Custody Agreement right away to avoid future problems. They should have an honest conversation regarding who will have the best living situation post-separation for the pet's needs. If one person has a smaller apartment and will be away from home most of the day, that person might not objectively be the best choice for the primary pet owner.
If one of the pet owners breaks the terms of the Pet Custody Agreement, they might have to pay penalties for that breach. The Pet Custody Agreement should stipulate penalties for non-compliance and the default dispute resolution method, as in arbitration or litigation.
The short answer is no. Pets are personal properties in the eye of the law and any dispute over them is a personal property dispute. It does not matter that that is not how most people see it, and that is why a well-written Pet Custody Agreement could prevent unexpected outcomes regarding pet ownership disputes.
A fair custody agreement for your pet is the best way to avoid going to court over the ownership. Even if one partner did purchase the pet before the relationship, it might be reasonable to allow for visitation rights and even joint custody with the other partner.
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