Pet Custody in New York Divorce: How Courts Decide Who Gets the Family Pet

For many New York families, pets are far more than property—they are cherished companions who become integral members of our households. When a marriage ends, the question of who keeps the family pet can become one of the most emotionally charged issues in divorce proceedings. If you’re facing divorce and worried about your furry family member, understanding how New York courts approach pet custody can help you prepare.

Key Takeaways:

• New York’s 2021 law requires courts to consider the “best interest” of companion animals when deciding pet custody in divorce, treating pets more like family members than furniture.
  

• Factors courts consider include who served as the primary caregiver, each spouse’s ability to provide for the pet’s needs, the home environment, and any history of domestic violence.
  
• Couples can avoid costly litigation by negotiating their own pet custody arrangements through mediation or collaborative divorce, including visitation schedules and shared expenses.

Historically, New York courts treated pets the same as any other piece of personal property—like a sofa or a television set. This meant that in divorce proceedings, a beloved family dog might be awarded to one spouse based solely on who purchased the animal or whose name appeared on the adoption paperwork, without any consideration of the pet’s welfare or emotional bonds.

That changed significantly in October 2021 when Governor Kathy Hochul signed Senate Bill S4248 into law. This groundbreaking legislation amended the Domestic Relations Law to add a new factor that courts must consider during equitable distribution: the “best interest” of companion animals. New York became one of only a handful of states to formally recognize that pets deserve special consideration beyond their monetary value.

Under this law, companion animals include dogs, cats, and any other domesticated animals that normally live in or near the home and are cared for by the owners. However, the law does not apply to farm animals or livestock. The statute represents a significant shift in how the legal system views the human-animal bond, acknowledging what pet owners have always known—that these relationships matter deeply. For a deeper exploration of this topic, Katherine Miller discusses pet custody considerations in the Divorce Dialogues podcast episode “Who Keeps the Dog in a Divorce?”

What Factors Do Courts Consider?

When determining pet custody under New York’s best interest standard, courts examine several factors to decide which spouse should be awarded possession of a companion animal. While the law does not specify an exact list of considerations (as exists for child custody), case law and legal practice suggest that judges will evaluate the following:

Primary Caregiver Analysis

• Who fed, walked, and groomed the pet on a daily basis?
• Who scheduled and attended veterinary appointments?
• Who took time off work when the pet was sick?
• Who researched food options, training methods, and healthcare decisions?

Ability to Provide Adequate Care

• Each spouse’s living situation (yard space, pet-friendly housing)
• Work schedules and travel requirements
• Financial resources to cover food, veterinary care, and emergencies
• Physical capability to meet the pet’s exercise and care needs

Home Environment and Stability

• Which home offers a more appropriate space for the animal?
• Proximity to veterinary care and pet services
• If children are involved, whether keeping the pet with the children minimizes disruption

History of Domestic Violence 

The law specifically allows courts to consider whether either partner has a history of domestic violence. Research consistently shows connections between animal abuse and domestic violence, and courts take this factor seriously when evaluating who should care for a pet.

The Pet’s Specific Needs 

Older pets, those with medical conditions, or animals with special behavioral needs may require particular consideration. A high-energy dog may need a home with an active owner and outdoor space, while an elderly cat might do better in a quiet, stable environment.

Can You Create a Shared Pet Custody Arrangement?

Yes, and in many cases, negotiating your own arrangement is preferable to leaving the decision entirely in a judge’s hands. Through mediation or collaborative divorce, couples can craft creative solutions that work for everyone—including the pet.

Shared custody arrangements for pets might include alternating weeks or months, weekend visitation schedules, or arrangements tied to the children’s custody schedule (keeping the pet with the kids regardless of which parent they are with). Some couples agree to continue sharing expenses for veterinary care, food, and other necessities even when one person has primary custody.

Key Provisions to Include in Your Pet Custody Agreement:

• Decision-making authority for major veterinary care
• Emergency protocols and notification requirements
• Travel arrangements and temporary care responsibilities
• Contingency plans if one party can no longer provide care
• Right of first refusal before rehoming or boarding
• Division of ongoing expenses

Getting your agreement in writing as part of your separation agreement ensures that your arrangements are legally enforceable and prevents future disputes.

Protecting Your Relationship with Your Pet During Divorce

If maintaining a relationship with your pet is important to you, there are steps you can take to strengthen your position.

Document your role as a caregiver by gathering evidence of your involvement in the pet’s daily care. This might include veterinary records showing you brought the pet to appointments, receipts for food and supplies you purchased, photos of you with the pet over time, and testimony from dog walkers, groomers, or neighbors who can speak to your caregiving role.

Avoid unilateral actions that could backfire. Taking the pet and refusing to allow your spouse any access, even before legal proceedings begin, can create conflict and may reflect poorly on you in court. Similarly, making threats about the pet or using access to the animal as leverage in negotiations can damage your credibility.

Consider the pet’s genuine well-being. Courts are looking for the arrangement that truly serves the animal’s best interest. Being honest with yourself about what situation would make your pet happiest—even if that is difficult—demonstrates the kind of thoughtful consideration that courts respect.

When Pet Custody Disputes Go to Court

If you and your spouse cannot reach an agreement about your pet, the matter will need to be resolved by a judge. Be aware that litigating pet custody can be expensive and time-consuming. The court may need to hear testimony from both parties, review evidence of caregiving history, and potentially even hear from experts about the pet’s needs.

Recent case law illustrates how New York courts are approaching these disputes. In the 2023 case of Acosta v. Shaw, involving an unmarried couple and their dog “Waffles,” the court conducted a detailed hearing examining the parties’ relationship, how they acquired the dog, and each person’s involvement in Waffles’ care. The court applied both the “best for all concerned” and “best interest of the pet” standards in reaching its decision—ultimately awarding the dog to one party while ordering monetary compensation to the other.

This kind of detailed inquiry requires preparation and legal guidance. An experienced family law attorney can help you present your case effectively and advocate for an arrangement that protects your bond with your pet.

Moving Forward with Compassion

Divorce is difficult enough without adding a battle over a beloved pet. Whenever possible, approaching pet custody with the same spirit of cooperation and good faith that benefits all aspects of divorce negotiations tends to produce better outcomes for everyone—including your four-legged family member.

The attorneys at Miller Law Group understand the deep bonds people share with their pets and the importance of protecting those relationships during divorce. We believe in finding solutions through conversation and collaboration rather than contentious litigation whenever possible.

If you are facing divorce and are concerned about what will happen to your pet, we encourage you to reach out to our team to discuss your situation. We can help you understand your options and develop a strategy that addresses your priorities while working toward a fair resolution. Contact Miller Law Group to schedule a consultation and learn how we can help you navigate this challenging time.