We’re Divorced, Take Your Paws Off MY Pet

By Hampton Pigott Staff
Posted on 5-1-2025

Charlton Heston quote aside, pet custody battles during a divorce really is a serious matter for pet owners seeking to keep their beloved furry friends. With all the forms to sign, feelings to sort out, furniture to divide—most don’t think about Fido, or Whiskers, or Mango the parrot, until the very end. Just when the dust is about to settle, suddenly the question becomes: Who gets the pet?

Traditionally, the answer has been cold, clear, and kind of heartless: the court sees pets as property—like your blender or your patio furniture. But some states are starting to challenge that idea. After all, for many of us, pets are family, not furniture. Let’s dig into how states like New York are leading the charge in treating pets with the emotional significance they deserve.

The Old Way: Pets as Property

For years, courts across the country followed a simple rule: if you're splitting up, and you own a pet, the pet gets awarded to one person—usually whoever bought it, or whose name is on the vet bills.

There was no shared custody, no weekend visitation. In the eyes of the law, pets were treated the same as a coffee table. Yes, it hurts to hear it—but that’s how most legal systems have handled it.

The Modern Shift: What’s Best for the Pet?

In 2021, New York passed a law that made tails wag across the state. Now, when a judge in New York decides who gets the pet in a divorce, they are required to consider the best interest of the animal.

Yes, you read that right. The same way a court might consider a child’s welfare in custody disputes, pets in New York now get a voice—metaphorically speaking, of course.

That means judges may look at:

• Who has been the primary caretaker (feeding, walking, vet appointments)
• Who has more time or space to care for the pet
• Who the pet is more bonded with
• And other factors that prioritize the pet’s well-being

This makes New York one of a growing number of states acknowledging that pets aren't just property—they’re part of the family dynamic.

What About Other States?

While other states like Colorado for instance haven’t passed a “best interest of the pet” law yet, the conversation is starting. Some judges are already showing flexibility in how they handle pet custody. If both parties agree, shared custody arrangements are possible, and courts may take emotional attachments and caregiving responsibilities into account.

So while states like Colorado are not officially where New York is yet, they’re heading in a more compassionate direction.

Can You Have Joint Custody of a Pet?

It depends on your state—and your divorce agreement.

In New York, courts can grant shared custody if it serves the pet’s best interest. In most other states, however, joint pet custody isn’t legally recognized (yet), but couples can create their own pet parenting plan as part of their divorce settlement.

This can include:

• Weekly handoffs
• Vet bill sharing
• Holiday schedules (yes, even for the dog)
• Rules around introducing new partners or moving with the pet

Pet Custody Pro Tips

If you’re navigating a divorce and can’t bear to lose your fur baby, here are a few tips:

1. Document your role as a caregiver: Vet records, groomer visits, and photos of walks or cuddles help show your bond.
2. Stay civil: Judges love a co-parenting spirit—even when it comes to pets.
3. Consider mediation: A neutral third party can help craft a fair arrangement without a courtroom battle.
4. Think of the pet first: That downtown apartment may be fabulous, but does your Great Dane agree?

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Pets Deserve a Say (Even If They Can't Talk)

Divorce is tough, and deciding who gets the pet can be one of the most emotional parts. Thankfully, states like New York are leading the way in recognizing that pets aren’t just property—they’re companions, comforters, and members of the family.

So no matter where you are, it’s worth talking to a family law attorney who understands how to advocate for your pet during a split. We at Hampton & Pigott would love to help! After all, your pet didn’t choose sides—but they do deserve a safe, loving, and stable future.