Divorce and the family pet in New York

Pets are a huge part of their owners’ lives. They are companions, protectors, and important parts of the family. For that reason, many divorcing couples fight over who gets to keep the pet with the same intensity that they battle over custody of the children.

For the longest time, pets were considered property in New York divorce cases. Courts decided ownership on the basis of:

• Which spouse may have owned the animal prior to the marriage
• Who was the primary caretaker
• Who has the greater ability to take care of the pet once the divorce becomes official

New York state law changed on this matter in 2013, when Judge Matthew Cooper ruled in Travis v Murray that pets are not regarded as property anymore and therefore not subject to property division in a divorce proceeding.

A couple in his courtroom was fighting over a dog named Joey. Judge Cooper did not place Joey on the same level as a child, but conceded that the animal could not -and should not- be held to the same rigid analysis applied to other types of marital property. He ordered a hearing to decide who Joey should live with after the divorce, but the couple eventually settled out of court.

So far New York judges have rejected the concept of joint custody arrangements for pets, so decisions usually result in the animal living with one spouse afterwards. Factors taken into account when making that decision include:

• Who spent more time on a consistent basis with the animal?
• Which spouse took on the most responsibility for the pet’s needs, such as feeding, exercising and veterinary visits?
• Which custody arrangement is in the best interests of the animal?
• Are there any children in the family? If so, then how attached are they to the pets, and would it be in their best interests to keep the animals in their lives?

Your New York divorce attorney can help you settle the issue of pet custody by negotiating a private contract with your former spouse. While there is no guarantee that a court will enforce such an agreement if problems later arise, then they can help you and your ex come to a consensus on the matter without the time and cost associated with litigation.

If an animal is involved in your divorce proceedings, then speak to your New York divorce attorney immediately. Given the important role that pets play in their owners’ lives, your attorney will negotiate aggressively for custody of your animal on your behalf and even litigate the matter if a fair agreement is impossible. If your dog, cat or other animal is an essential part of a happy future for you, then your attorney will take all possible steps to make it happen. The attorneys of Eskin & Eskin, P.C., a family law firm for family law needs, have over 40 years of combined legal experience. Their Bronx office is conveniently located near the 4, B and D subway stops at 161st Street. Free consultations are available on matters related to divorce and family court, so call 718-402-5204 to see how Eskin & Eskin, P.C.  can help you.