How to Get Pet Custody After a Breakup

When you’re a couple, owning a dog is such a huge step forward, a way to commit together and learn how to begin the family. However, sometimes things don’t work out and in the end, both of you may have broken up. This makes it difficult to figure out who gets the dog right after, as dogs are just like children who need love from both their parents!

If you feel like you will be able to take care of your pet better, then read on as I show you how to get custody of a dog after a breakup.

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How to Get Custody of a Dog After a Breakup

A dog is not just a material thing you can choose to keep or give to your former partner, they are also considered as property. Both of you have to communicate well and ensure that the dog goes to a better home. Here are helpful steps to follow on how to get custody of a dog after a breakup to ensure the wellbeing of the pet:

1. Negotiate With Your Former Partner

Look into the context of your relationship first, if you’re able to both come into a negotiation without having to get the law involved. Communication is key when talking about your properties and belongings, which include your pet. Schedule a private meeting with your former partner first, making sure you’re both available and at a good time where it’s quiet and you both can talk better.

For sure, there are many issues about dog care, from the food, vet fees, and other activities to do. When you both love the dog and want the best for him, then it’s best to sit down and talk about it, knowing who keeps him.

Consider the history and who got the dog first. Also, see who cares for him better and who the dog follows around more. Remember to use a rational approach and look at things objectively. If the partner does love the dog, then look into weekly visits for them.

Once you’ve made the agreements, create a written outline of all of what you discussed and have it signed by both of you.

However, if there are abuse problems and you believe that the dog is safer under your care, then it’s best to take it to court if your former partner still wants custody of the dog.

2. Attempt Mediation

If ever you can’t find an agreement together, then consider mediation, with a neutral third-party deciding what happens to the dog. Both partners must agree to the mediation and you should prepare for it beforehand. Collect any notes and proof that you are a good dog owner and list down what your goals are.

When in the meeting, point out why you are in favor and don’t forget to point out the bond between you and your pet. Tell the truth with the mediator during joint and individual interviews, and make sure that you also find common ground. Once you both find the proper agreement from the mediator, make sure you have a written agreement.

3. Demonstrate the Rightful Owner In Court

If you’re considering to sue your partner over the custody of the dog, you’ll need to file a lawsuit. Small claims courts are able to handle such cases, though they are only able to award monetary damages rather than custody.

With that being said, find a good attorney specializing in animal law. Then file your claim for custody of your dog as well. There are filing and lawyer fees, so it’s a bit of a lengthy and expensive process.

Once the lawsuit is signed and sent to your partner, wait for their response and head on to court on the hearing date. Have as much proof and evidence that you are the best owner for the dog, having any evidence against your partner as well. Present your case honestly and with preparation, which your lawyer can help you with. You might even have witnesses willing to back you up, such as the vet or mutual friends.

When speaking and listening, make sure that you watch your body language and the way you speak. Be cohesive, calm, and NOT aggressive, as this would put you in the negative side. After this, wait for the judge’s order. If ruled in your favor, you are able to get custody of the dog. If not, you’re able to appeal to the decision within 30 days.

For more information, check out this legal primer talking about pet custody issues to help you out:

Wrapping It Up

Breaking up with your partner is hard enough, and dealing with who gets custody of the dog makes it tougher. Remember that you have to prioritize the dog’s wellbeing and make sure that he is loved the entire process and after the negotiations have been done. Continue to care for him and stick with the negotiations made, as this is actually better than having higher authorities make the decision for you!

I hope that this article on how to get custody of a dog after a breakup helped you out. So if you’re going through a similar situation, try talking with your former partner and follow these steps today.

If you have any questions or want to share your tips and experiences on how to get custody of a dog after a breakup, then comment below. Your thoughts are much appreciated.

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When two people, either married or unmarried, break up, who gets to keep the pet(s)? Can the court order joint custody of the dog or cat, as it would a child? Can one party get visitation rights? Is a pet treated in a legal sense in the same way as a child, or simply as property?

The short answer is that, in the Massachusetts courts, as in the rest of the country, pets are considered property under the law, and are treated as such during a divorce or a split between unmarried people. Although animals are treated as sentient beings under laws designed to protect them against animal cruelty, and can even be the beneficiaries of trusts set up to maintain them, there is no Massachusetts law that defines pets as anything other than property, and in divorce proceedings they have no more legal identity than a lamp or a table. Ownership will simply be granted to one or the other of the parties.

Having said that, many legal scholars argue for a different standard for pets than for other property, treating pets much like children in a divorce. Some argue for a “best interest of the animal” standard, just as the law on child custody considers what is in the “best interest of the child”.

Our “Law about Animals” webpage has laws and cases related to animal law in Massachusetts, as well as a reference to an article concerning pets and divorce, from Massachusetts Family Law Journal v.30. no.3 (2012), p. 29-39:

“Woof, woof, we’re getting a divorce”: pet custody and the law. The article concludes, after reviewing various cases (none of them from Massachusetts), that a judge may be inclined to grant custody (i.e., ownership) based on what is in the best interest of the animal (as if it were a child), or could choose by a more crass property law criterion as simple as who wrote the check for each animal. A court may uphold a visitation agreement made between two parties, but not create a visitation order of its own. In at least one case where this was tried, the continued squabbling between the humans led to an appeals court ending visitation.

Another recent article is Who Gets Charlie? The Emergence of Pet Custody Disputes in Family Law: Adapting Theoretical Tools from Child Law. [International Journal of Law Policy and the Family v. 28, no. 2 (2014), p. 177ff.] This article addresses the issue of courts trying to find a balance between property rights and finding what is best for the pet, as well as considering peoples’ emotional bonds with their animals. It advocates treating pets as a special kind of sentient property in tort and custody cases.

The book Every Dog’s Legal Guide (Nolo, 2012) has a chapter about divorce and dogs. (You can borrow this book from the law libraries, or read it online if you have a Massachusetts Trial Court Law Library borrower card. Once you get into the title in EBSCO online, click on the blue letters at the right “+2012”, and it will open up. ) The book strongly suggests mediation outside of court, if that is at all possible.

“…legally, pets are still property. And overburdened courts are unlikely to take on the challenge of supervising how divorcing couples deal with their pets…. [D]on’t for a minute think that court is a good place to resolve your disagreements about who gets the dog….[C]ourts do not treat custody battles over pets like they do child custody cases; they will not consider the “best interests of the pet.” Instead, they almost always simply award ownership of an animal to one spouse or the other, usually with minimal discussion.”

The book discusses what factors you should consider during mediation, as well as the factors that the court might consider in its ruling, if it is brought to court. These considerations are listed:

• “If one person owned the dog before the marriage, that person will probably keep ownership of the animal.
• If one spouse received the dog as a gift, he or she will probably be able to keep it.
• If it’s obvious that one spouse won’t be able to keep the dog—for example, doesn’t have a stable address, is living in a no-pets building, or is about to be deployed in the military—the dog will probably be given to the other.
• Sentimental value. If there isn’t such a straightforward way to resolve the dispute, some courts will take into account a dog’s ‘sentimental value.’ The dog is still an item of property, but the court recognizes that it’s a special kind of property, like a one-of-a-kind heirloom, whose primary value is emotional.
• Mistreatment of the animal. If there is evidence that one person abused or neglected the dog, the other will probably be awarded ownership.”

The book also discusses some court cases that have delved into the delicate realm of trying to award “custody” of animals as if they were children.

How courts handle pet custody battles after a breakup

Posted Aug 12, 2015

Breakups can be devastating. So the last thing you need during a painful breakup is to worry whether your ex is going to abscond with the precious pet. This is why it is smart to arm yourself with some knowledge beforehand about how the legal system handles these situations.

As a starting point, there is a misconception that whoever buys the pet will be able to keep it. But this is not legally accurate; while origination is certainly a factor that is considered, the legal analysis can be much more complicated than that. Here are a few principles to be wary of:

1. Pets are property.

Although many Americans love their furry friends like children, in the eyes of the law, pets are property. Therefore, despite the popularity of terms like “pet custody” or “dog custody,” there really is no “custody” battle over pets. At least, it is no more of a custody battle than you would have a custody battle over a flat-screen TV. The legal dispute is not for custody; it is for rightful ownership.

1. Your legal method will depend on whether there is a divorce or just a breakup.

If you and your ex are fighting over a shared pet during a divorce, the pet’s future will be determined in the divorce proceedings along with the rest of your personal possessions. The court will first classify the pet as marital or separate property, as it would any other item of property. The court may then consider, however, who would best care for the pet. The judge will consider a variety of factors (discussed below). Increasingly, judges have also awarded joint custody of pets.

If you and your ex are fighting over a shared pet during a breakup, but not a divorce, the matter becomes more complicated. In general, although there are some exceptions, you would not take legal action until or unless your ex physically takes the pet from you without your permission. In this case, you would have to sue your ex for the pet under a property-recovery legal theory, such as replevin. The presiding judge would most likely consider some of the same factors that a divorce court judge would.

1. The judge will consider the extent of your relationship with the pet.

In determining who will take home the pet, judges will consider the specific facts of the case. In other words, it is almost always impossible to predict the outcome of a certain situation. However, the following factors will likely be considered:

• Did the pet belong to one party before the relationship?
• Who bought/adopted the pet in the first place?
• Who’s the pet’s primary caretaker?
• Who pays for the vet bills?
• Who buys the food, toys, etc. for the pet?
• Who spends more time with the pet?
• Who takes the pet to the vet, grooming, etc.?
• Who has more space/time for the pet going forward?
• Who has custody of the children?

What Can You Do Now to Protect Your Pet?

1. While you are still on good terms:

The best thing you can do, preemptively, is to enter into a pet “prenup” agreement with your significant other while you are still on good terms. (A prenup is actually a misnomer here, because the contract does not have to relate to marriage; rather, you can enter into an enforceable written agreement with your partner regardless of marital status).

The factors in the bulleted list above will be largely irrelevant if you have a written agreement regarding who will keep the pet in the event of a breakup. The court will honor an enforceable written agreement.

1. If you think a breakup is impending:

Set yourself up as the primary caretaker of the pet. Spend as much time with it as you can, take it to the vet, to the store, or on walks. Use your money (checks or credit, so there is a record) to buy the pet its necessities. Be knowledgeable about the pet’s medical conditions. The longer you do this before the breakup the better. Document everything.

1. If the breakup has already happened:

If you have already broken up and are actively fighting over the pet, monopolizing the pet’s time and showering it with gifts will look like a strategic maneuver. The most important thing to do at this point is to gather evidence: receipts, documentation, and records showing that you paid for the pet, that you bought its food, that you registered for its license, etc. If you have been the primary caretaker dealing with the veterinarian, you could also consider asking the vet for an affidavit stating that all of his or her dealings were with you. The same principle goes for a dog walker or obedience trainer. The key here is that you want to establish evidence — beyond just your words — that the factors listed above should weigh in your favor. You could also consider submitting evidence showing your capability to take care of the pet going forward. For example, if post-breakup you are moving into a larger place with a yard, bring the court some evidence of that.

The Pet’s Best Interest

Regardless of how acrimonious your breakup is, let us hope that neither you nor your ex are trying to use your pet as a bargaining chip or pawn for revenge. The best thing you can do is consider the best interests of your pet.

The law is increasingly aligned with this. Although pets are technically property under the law, judges have increasingly considered the pet’s best interest in deciding who keeps it. In Hamet v. Baker (Vt. Apr. 25, 2014), for example, from the Vermont Supreme Court, the court essentially endorses a “best interests of the dog” standard, much like the best interests of the child standard used in custody cases.

This court’s opinion reflects an important principle. If you really love your pet, you will have to seriously consider — with as little bias as possible — whether you or your ex will offer it the better home.

Disclaimer: This article is for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this blog or any of the e-mail links contained within the site do not create an attorney-client relationship between the author and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of any law firm or Psychology Today.

Fighting over pet custody has caused many divorce negotiations to come to a screeching halt. After all, pets are more than just mere possessions to be divided in the settlement agreement. They often hold a special place in their owner’s hearts, and the thought of not being able to interact with them on a daily basis can cause a lot of anguish.

If you are finding yourself in a custody dispute over your pets, the following article can shed some light on your rights and the best way to handle the situation.

Pet Custody

Custody of children is a hotly contested issue in many divorces, but many divorces also involve a heated debate about the custody of small furry children as well. Pets are like children to many people and the thought of no longer living with or seeing a beloved dog or cat (or other animal) can be very upsetting.

Understand the Law

If you’re in a situation where custody of your pet is an issue, the first thing you need to do is understand what the law is. In almost all states, pets are simply property. They have no special status under the law and are not viewed as children (although there is growing movement to have this changed). They are simply an object to be divided in the divorce. That being said, there are more and more cases popping up where judges do allow special testimony about the pet and make rulings that involve “visitation” with the pet.

How Pet Custody Is Decided

When a court takes the time to consider how to share time with a pet, the judge will be interested in the following factors:

Who cared for the pet (fed it, groomed it, walked it, and took it to the vet)

Who spent the most time with the pet

Testimony of the veterinarian as to who brought the pet in most often

Information about how well the pet was cared for

Another important factor involves whether there are children. When children are involved, the pet almost always will remain in the home with the children because of their attachment to the pet. Divorce itself is traumatic enough for a child, but to also have the family pet taken away from the primary residence is an additional blow no child needs to deal with.

Creating a Pet Parenting Plan

Because there’s no way to know how a court will react to your pet custody dispute (some courts will have no time for such an argument and will just treat the animal as personal property), if you and your ex can work out a plan to share time with the animal, you’ll be able to craft an arrangement that will work for both of you and allow everyone to continue to maintain a relationship with the animal.

Some things to consider include:

Your schedules. Try to maximize human contact for the animal. Sitting in a crate alone is no fun.

Maintain a regular schedule so that everyone can easily adjust to it.

Expect accidents and upset. If your pet is going to stay with you at a new home, there will be an adjustment. Be patient.

Write out your plan so there can be no confusion.

Pet Finances

Some couples work out an agreement (or ask the court to decide) about the pet’s expenses. Probably the biggest expense is vet bills, but grooming, food, dog-walkers, and training classes can also be quote costly.

If you are sharing time with the pet, it makes sense to find a way to share expenses. Consider apportioning the expenses in the same way you share time. If you have a 50/50 time split, a 50/50 split for expenses makes sense. A 20/80 time split would indicate a 20/80 expense split.

Getting pet custody established and ensuring ongoing contact can help ease some of the bitterness people feel after divorce. It’s not an easy journey, but the following articles can help you work through some of the issues you may face.

By Nicole Pajer

Breakups inevitably come with the splitting up of material possessions—taking what you initially came into the relationship with and divvying up items like couches and coffee tables. But what happens when you own a dog together? Figuring out what to do with a dog that you owned with an ex can be a tough and emotional battle. While it’s easy to say that you’d like to take Fido yourself, it’s best to keep the dog’s interest in mind when deciding its post-breakup fate.

Just like in dealing with kids in a divorce or breakup, there are three typical scenarios that former couples with a shared dog can explore:

1. You split custody

“My ex and I have had joint custody for 2 years. It works really well and we’ve worked it out so one of us has the dog for a week and then we switch for the next week.” —Lisa Chang

2. You give full custody to the other person

“When Josh and I split, I had to move somewhere where I couldn’t have a dog. The lawyer asked if I wanted visitation rights in the divorce papers, however, I was moving and starting a very demanding job and wouldn’t have the proper time to devote to spending time with Duncan. I figured it would be too hard on him for me to just pop into his life sporadically. I gave Josh full custody. It was hard on Duncan at first but in the long run, I took comfort in knowing that he was able to be with the parent that had the most time to devote to him.” —Hilary Parker

3. One of the owners takes custody but gives the other visitation rights

“Emily took Charlie when we broke up. It was hard to give him away but we worked it out so I could still visit him. I go pick him up and take him to the park every now and then and even though I’m not around much anymore, he’s still always happy to see me.” —Bob Browne

After assessing your options, how do you decide which scenario works best for you? While many of these decisions are settled in court, The Animal Legal Defense Fund (ALDF) recommends amicably working this out with your ex while taking lifestyle factors into consideration. Before deciding who is going to keep the dog and how you are going to handle custody, consider:

Splitting up is never easy, especially when there is a beloved pet involved. Whether or not you and your ex decide to share custody, give the dog to solely one of you, or draw up visitation rights, make sure that you have your dog’s best interest at heart.

How did you handle dog custody when your relationship ended? Let us know in the comments section below.

• Who is moving to a new home? A break up can be stressful enough on a pet without it having to relocate to new environment.
• If the pet belonged to one of the owners before entering into the relationship, the couple should consider giving custody to that person as the dog may be more attached to them.
• Who has the most time to properly care for the dog? It’s only fair that your beloved pet is able to spend time with the owner that has enough flexibility in their schedule to exercise and spend time with it.
• Do you have children that are attached to the dog? If so, it may be best to have the dog live with whichever parent the children will live with.
• Do you have more than one dog? While an obvious solution may be for each person in the relationship to take one of the dogs, it’s important to assess how attached the dogs are to one another. Splitting them up may cause more of an emotional strain than you think.
• If you are considering co-parenting, is it possible for you to maturely work out a shared custody situation? It may sound like a good idea but it only really works when you’re able to put aside your differences for the sake of your dog. You will have to see each other when transferring the dog between homes after all.

A good friend of mine just ended a three year relationship in which he purchased a dog for his girlfriend, he paid for it, but put the dogs papers in her name, now he wants the dog but she refuses to even let him see the animal. According to him, he was the primary care taker of the dog. Does he have any legal right to the dog?

As a side note he also paid a 1 year lease on the house they shared, and let her live there for free after they broke up and he moved out, about 9 months total, so he has done a lot for this girl without asking for anything in return, except for either custody or visitation of the dog.

5 Answers

The papers are in her name and they are not married so the dog is hers PERIOD. Primary caretaker will not fly as this can’t be proved and legally the animal is her property.

This is the way a judge will cut it to the bone (bad pun. dogbone). Sure maybe he totally loves this dog and wants to see it. But how can the judge ignore the fact that he may wish to stay in her life somehow? This could be a danger or a complication for her. Visitation will seem somewhat hinky and cast doubt upon your friend’s motives and maturity. really. She does not want him showing up and it is not a kid.

As far as the lease that would be a seperate thing and not applicable at all. Was he on the lease? If so he had to pay or be sued for breaking it. If not why was he paying after a breakup? Kind of sounds like she used him and tooled him and used him and all will view him as such. He could have cut his losses and broke the lease. far cheaper than 9 months.

Bottom line the dog is hers. Best to walk away and be smarter next time. Its best that he just gets a new dog.

Pit Bull Laws in Florida

Pets are valued members of many families, who love and cherish them as much as they do their human members. While pet custody laws are designed to settle disputes over pet ownership, they generally view pets as property and regulations vary widely from state to state.

Custody Battles With Local Law Enforcement

Animal care and control officers can confiscate pets accused of showing aggressive behavior or attacking a person. Depending on the state in which the alleged attack occurred, the accused animal may be quarantined for a certain amount of time to check for signs of rabies or may be sentenced to euthanasia. Pet parents of confiscated animals must check local ordinances to determine the best course of action for trying to regain custody of their beloved pet.

Custody Battles Between Private Individuals

Pet custody disputes between private individuals have become increasingly common in recent history. The most frequent disputes of this nature occur between romantic couples who have parted ways, but cannot reach an amicable agreement over who gets custody of the family pet. To the dismay of doting pet parents, most state animal laws view pets as no different from other personal property, like a lamp or a dresser, and few take the best interest of the pet into consideration when dividing property.

Third-Party Custody Battles

Third-party custody disputes over pets occur when someone wants to take or keep possession of an animal that formally belongs to someone other than an ex-partner. Generally, these kinds of disputes involve allegations of pet abuse or neglect from which the third-party wants to protect the animal. Pet custody laws typically give preference to the owner of record in third-party custody disputes, but if abuse or neglect can be proven, the third party sometimes can gain ownership of the animal successfully by working with local animal care and control officers, or filing a civil or criminal suit against the original owner.

Pet Custody Agreements

A pet custody agreement is the best defense against future conflicts over pet custody. People who plan to buy or adopt a pet that will be shared with another person can protect the best interest of the animal by entering into an agreement that details how the pet care responsibilities will be divided, and anticipates how those responsibilities will be affected in the event of a break-up or any separation between the human caretakers. Pet custody agreements should be as detailed as possible and a signed copy should be kept by each party involved. While a pet custody agreement may not prevent future disputes entirely and could be overruled by a court ruling, pre-existing agreements are given considerable weight in the legal arena and could minimize conflict significantly during a dispute.

Considerations

In legal cases regarding pet custody disputes, the person who feeds, bathes, and pays veterinary expenses for the family pet often is given preference even if the animal is registered officially under the other party’s name.

Since many victims often will stay in harm’s way to protect the family pet from an abuser, some states have enacted legislation that includes pets in domestic violence restraining orders and requires local animal control officers to take the pet to a shelter when the victim is taken to a safe house.

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After the end of a relationship, the question of what happens to a family pet becomes a serious point of contention. More often than not, both parties to a divorce or separation are very attached to their “fur baby” and view it as an integral part of their life.

An early Ontario decision aptly describes the emotions surrounding pets and divorce. In Torok v. Torok, the court stated:

The issue involved essentially revolves around two cats, otherwise known as ‘Bogey’ and ‘J.R.’, and from a short review of the voluminous file, it obviously appears that the spouses herein, not having had any children, are behaving in a most vindictive way each to the other regarding the custody and access of these feline substitutes. Presently, I believe a motion is immediately pending, varying a judge’s order of custody to the wife, the husband moving against the wife for custody of the cats as I understand it.

Unfortunately, although courts and adjudicators are often asked to view children and pets equally in divorce proceedings, Canadian law has traditionally treated family pets as a personal possession or property, no different than a car or jewellery, to be divided between the divorcing parties.

The Law on Pets in Canada

In Ontario, pets are considered “property” under Part I of the province’s Family Law Act. Adjudicators in the province have been consistent in their treatment of pets, and have not applied a custody or access analysis to pets (although they have been asked to).

The leading Ontario decision on pets following breakdown of a relationship is Warnica v. Gering, where the Court stated that:

[w]hether in the Family Court or otherwise, I do not believe that any court should be in the business of making custody orders for pets, disguised or otherwise.

Given the current state of Canadian law, what can separating or divorcing couples do about their pet?

Requesting a Determination about the Pet’s Ownership

Divorcing or separating parties can ask a court to make a declaration about who a pet’s sole owner is. The legal owner of a pet will be able to make major decisions with respect to the pet, such as where he/she is to live.

Generally, as with any other property, the person who bought the pet is its owner. In order to establish that you were the purchaser, you can submit evidence in the form of a receipt, bank statement or other document outlining details of the transaction. If these are not available, you may be able to establish ownership if you are listed as the owner of the pet:

• at a vet’s office;
• on a breeder’s certificate;
• on a city or municipal license.

If you received your pet as a gift, you may also be able to establish ownership. This may be difficult to prove as you will have to establish the gift-giver’s intention to give you the pet as a gift. Establishing intention will require evidence that the pet was a gift such as, for instance, a card or other message that says “Happy Anniversary, I bought you a kitten”, or the testimony of someone who can verify that you received the pet as a gift.

Requesting to be Compensated for Money and Time You’ve Spent on your Pet

If you cannot prove that you are owner of your pet, but your former partner can, you can request that a court declare that your former partner was “unjustly enriched” through the money and time you contributed caring for the pet.

If you can establish that you spent money on the pet, that you made non-monetary contributions to the life of your pet, AND that your former partner benefited from this, the court might make an order compensating you for your contributions.

Money spent on your pet will include things such as food, toys, vet bills, medication, pet insurance fees, grooming, etc. Proof of spending includes grocery or pet store receipts, receipts for groomers, and similar. Your total overall spending on your pet may be hard to establish as many people do not keep receipts going back years and years.

Non-monetary contributions may include time you spent walking, playing with, bathing/cleaning your pet, or otherwise caring for it. It will be challenging to establish the value of such contributions. One way to do so would be to provide an estimate based on the going rate for services such as dog-walking in your neighbourhood.

Requesting an Order that the Pet Be Sold

This “lose-lose” option essentially involves one of the parties saying “well, if I can’t have our pet, then neither can you” and requesting a judge to order that a pet be sold with profits from the sale to be split between the parties. Some adjudicators have recognized the vindictive undertone of such a request. For instance, in Gardiner-Simpson, the court stated:

In matrimonial cases, parties often agree to sell jointly owned assets (whether realty or personalty) and split the proceeds. The problem would take on a Solomonic quality, where splitting the asset (be it a dog or a child) destroys the thing for both of them. Selling the dog to an outsider would only double the pain.

Similarly, in the previously mentioned Warnica decision, the judge recognized that:

Of course, any pet is somewhat different, in that it does not readily lend itself to physical division. A pet could be sold, with the proceeds to be divided in accordance with any determination as to the parties’ respective interests therein; however, that is something that few would want.

Courts would likely not view such a request kindly.

Including Provisions for your Pet in a Separation Agreement or Other Written Agreement

The most predictable way to determine what happens to a family pet following a separation or divorce is to come to a written agreement as between the parties. Separating or divorcing couples can avoid high costs, frustration, and uncertainty by simply agreeing to certain terms about their pet.

The parties can come to any agreement that they like, and include as much or as little detail as possible. For instance, the parties can make a schedule for the pet: each person can have the pet for alternating weeks, weekends, or months, or any other time that makes sense for both. Parties can also agree on how to share costs for the pet.

An experienced family lawyer can help parties make decisions and come to a mutually satisfactory decision with regards to a pet.

If you have questions about making decisions about pets following a divorce or separation please contact Jason P. Howie, online or at 519.973.1500.

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Dog ownership disputes are becoming increasingly common. Due to the nature of this kind of dispute, emotions can be highly charged. The most common situation where pet ownership is called into question is when a couple is in the process of separating, or have already separated, and there is an argument over who gets the dog.

Dog custody disputes can also occur between uninvolved individuals who are attempting to claim ownership of the same animal.

Please do not delay in getting specialist advice from us in this kind of case as any delay may be held against you if the matter proceeds to Court.

We have over twenty years of experience dealing with Doglaw and are here to offer advice and support. We can provide a reduced cost fixed fee telephone consultation for only £48 for up to 20 minutes. To book an appointment please call us on 01304 755 557 during normal office hours. Same-day appointments are sometimes available.

We can advise and represent you whether you are bringing or defending a claim.

Please be aware that the information on this page relates to laws in England and Wales only and does not constitute legal advice. For guidance on your specific situation, please refer to the ‘How we can help you’ section of our website.

Who Determines Who Gets The Dog?

A dog is regarded within the legal system as a ‘chattel’. Essentially, they are viewed as an item that is owned a bit like a car or an item of furniture! We fully appreciate that to its owner a dog is more likely to be regarded as a much-loved member of the family but do not assume that this will be how it is viewed by the Court. During a dog ownership dispute, a Court will determine who the owner is. These types of ‘tug of love’ cases are usually heard in the Small Claims Court and an application can be made for declaration of ownership under the Torts (Interference With Goods) Act 1977. The following may also be ordered:

• An order for the return of the dog
• An order for damages for wrongful retention of the dog

Dog custody Mediation

Not every dispute will require judgment from a District Judge in a Small Claims Court. Sometimes, a case can be concluded via mediation. This involves a third party who will attempt to help those involved agree to a settlement.

Dog Ownership Small Claims Court Results

In a situation where a Small Claims Court is involved, the District Judge has the power to determine who is the dog’s sole owner and they then may direct that this person has sole possession. However, a Court is not bound to require that the owner have possession of a dog as this is a discretionary remedy. In particular, the Court may have regard to the conduct of the parties (“he who comes to equity must come with clean hands”) and consider any delay there may have been (“delay defeats equity”).

If the Court rules that the dog is jointly owned, the Court may order that:-

• possession of the dog be shared, or
• one party has the dog (although there are no legal rules on how this should be determined), or
• (in theory) that the disputing parties sell the dog and share the proceeds.

What Determines Ownership of a Dog?

There is no one single piece of evidence that conclusively proves who owns a dog. A Small Claims Court will consider a variety of information when determining pet ownership and a District Judge is entitled to give such weight to this evidence as they deem fit. These include written and oral evidence on:

• Who bought the dog (including whose name is on the contract made with the rescue centre or breeder)
• Whose name is registered with the Kennel Club
• Who is registered on the microchip database
• Whose name is recorded at the vet’s practice
• Who is registered on the insurance certificate
• Who usually takes care of the dog
• Who pays the day to day expenses for the dog

Doglaw Solicitors

If you would like to discuss your situation with one of our Doglaw advisers, please call us during normal office hours on 01304 755 557.

We understand the stress and upset these situations create and all calls are treated in the strictest of confidence. We will need to carry out a conflict check to ensure that we haven’t already advised the other party. Once this check has been cleared, we can take payment via debit or credit card for £48 and then schedule a telephone appointment at a time that suits you. The call will last up to 20 minutes.

After this advice call, you can then decide whether you would like to instruct us to act for you in the case. We appreciate that this kind of case can be expensive, therefore, we can set up a payment plan for you, or perhaps look to just help you with some parts of the case.

About the template

Last revision: 08/06/2020

Size: 4 to 5 pages

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Pet Custody Agreement

A Pet Custody Agreement is a document between two parties to share the custody of a pet. Normally, pet custody agreements are used in the situation where two people used to be in some kind of relationship where they lived together and took care of the animal together but are now moving to live separately and need a written agreement covering the care of the animal. Pet Custody Agreements can be used in case of divorce, in case of two roommates that adopted an animal together, or in any other situation where custody of an animal needs to be worked out between two parties.

These agreements can be used for any type of pet, from a dog to a cat to a hamster. A Pet Custody Agreement will have all of the information the two parties need to divide up care for the animal – often called a “companion animal.”

Within these agreements, the parties will lay out the exact determination of custody, including dates of switch-off for the animal and times, so the parties are on the same page about their visitation and responsibilities.

How to use this document

This document will be used when two people need a written record of the custody agreement they’ve worked out for their pet.

This agreement will have entry points for pertinent identifying details, such as the parties’ names and addresses, as well as more in-depth contact information like phone numbers and email addresses. Important characteristics of the visitation will also be included, such as whether one party has primary responsibility, who is responsible for everyday expenses, who is responsible for emergencies, etc.

This agreement will also include all of the important information about the companion animal, such as name, gender, age, and type of animal. There are also optional spaces to include information about the animal’s medical needs, if any, as well as other general care information (such as whether the animal has a favorite toy or particular habit).

This Pet Custody Agreement is perfect for parties looking for a robust agreement for the custody of their animal.

Applicable law

Pet Custody Agreements in the United States are not specifically covered by any law but are subject to individual state laws, which cover general contract principles like formation and mutual understanding.

How to modify the template

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At the end, you receive it in Word and PDF formats for free. You can modify it and reuse it.

Other names for the document: Agreement for Cat Visitation, Agreement for Dog Visitation, Agreement for Pet Visitation, Agreement for Visiting Cat, Cat Custody Agreement

Divorce and custody battles go hand-in-hand but what many don’t know is that includes pet custody arrangements as well as child custody ones.

Pets are generally considered property in most jurisdictions but many states also recognize that both parties in a divorce may have a significant relationship with their companion animal. A pet isn’t something that can be easily replaced or paid for, so courts may be willing to entertain the idea of a custody arrangement.

If you’re gearing up for or in the middle of a pet custody battle, we have some tips that could help you come out on top.

1. Buyers keepers. Since pets are generally seen as property in the eyes of the law, the person who paid for the pet sometimes has a better chance of keeping it. That doesn’t just mean the purchase cost – it includes food and medical expenses. If you weren’t the one to pay originally, you should be prepared to reimburse your ex if you get custody.
2. Care matters. Even if you didn’t buy the pet, courts want to know who cares for your dog or cat. Just like with child custody, judges want to make sure your dog will go to a person who will keep it healthy and happy. Evidence of walking the dog, taking it to vet appointments, and generally spending time together all work in your favor.
3. Ownership is nine-tenths possession. The person who is keeping the pet during proceedings can have an edge when it comes to a custody battle. It’s another example to the judge that you are the primary caregiver for the pet. If you want to keep your pet, fight to keep them during the divorce too.
4. Don’t steal. Divorce gets contentious but just because disagree with what your ex is doing doesn’t mean you should steal your dog back so it can stay with you. Courts will consider that theft and you could get in criminal trouble as well as losing custody of your pet.
5. Consider sharing. If you and your ex are open to the idea, time sharing is an option that works for some couples who both love their pet and want to spend time with it. If you both want to keep the pet, why not make it sure it still gets love from both of you even if you aren’t together.

Talk to your divorce attorney about how pet custody is determined in your state so that you are prepared when it comes up in court.

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