Pets are often beloved members of human families, but during a divorce, the pet parents may worry about what happens to their furry friend. Fortunately, New York domestic relations law recognizes the incredible bond humans can share with their companion animals (e.g., pets) and allows them to create parenting plans. If you are in the midst of a divorce and have concerns about losing time with your pet, consider working with an experienced divorce attorney.
Our legal team has guided many clients as they navigate problems that can arise with pet ownership in a Syracuse divorce. We can take the time to get to know you and your companion animal, whether they have claws, paws, or fins, and help to create a strategy that maximizes your time with them.
Under New York Domestic Relations Law § 236-B(2)(d)(15), the Court must consider the best interests of the companion animal (pet) when deciding property division issues. In practice, this might require the judge to determine who purchased the pet, who takes it to its vet appointments, and the relationship each person has with it. Additionally, the Court may look at each pet parent’s ability to provide ongoing financial and physical support to the animal.
For example, if one parent is away at work for extended periods of time while the other person has a remote job, the Court may take this into consideration. Likewise, the Court may ask each spouse to give financial information about whether they can pay for ongoing veterinary services, food, and medicine the animal needs to survive. The Court may use these details to determine how to divide the monetary responsibilities of raising a pet.
State laws about companion animals in a divorce may not apply to farm animals, like cows, chickens, or pigs. That said, it may depend on the law in effect at the time and the animal’s function in the home (e.g., as a companion animal versus livestock). Syracuse divorce attorneys may help people understand and navigate any pet ownership issues that arise during the dissolution process.
Pet parents who are divorcing or separating may benefit from putting together a custody and support arrangement. The Court can review this agreement to determine if it aligns with the best interests of the animal. An agreement can identify who is responsible for what tasks and how the soon-to-be-ex-spouses would like to co-parent their dog, cat, or other companion animal going forward.
For example, the pet parenting plan can identify the primary custodial person (e.g., who the animal will stay with most of the time). Additionally, it can detail a visitation schedule that makes sense for the parties and the pets so they can foster a healthy, ongoing bond with their humans. Likewise, the arrangement might talk about who will pay for expected (and unexpected) vet bills and other costs associated with raising an animal.
Pet ownership issues that arise during a Syracuse divorce can be emotionally charged because both caregivers have an attachment to their furry friend and want what is best for them. Family law attorneys may help people understand their rights and gather evidence to show their connection with and ability to provide for their pets. They may also help the parties craft an effective pet parenting plan.
Ending a marriage can stir up a lot of emotions and complex legal issues, such as who has custody over the family dog, cat, or other companion animal. If you have questions about pet ownership in a Syracuse divorce, consider partnering with a trusted attorney.
We understand that, to many people, the family pet is just that: family. Our legal team provides personalized and compassionate support to clients who are ending their marriages and concerned about what that means for their pets. Contact the Colwell Law Group, LLC today to schedule a complimentary consultation.
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