Pet Custody Attorney on Long Island, NY

For most Long Island families, pets are not “property”; they are beloved members of the family. When divorce or separation occurs, determining who keeps the family dog, cat, or other companion animal can quickly become one of the most emotional and contested issues in the entire case.

At Hornberger Verbitsky, P.C., we understand that pet custody disputes are deeply personal. Our experienced Long Island divorce attorneys help clients in Nassau and Suffolk counties navigate these disputes strategically, compassionately, and with a clear focus on achieving the best possible outcome for both you and your pet.

Quick Answer: Who Gets the Pet in a New York Divorce?

In New York, courts must now consider the “best interests of the companion animal” when deciding who keeps a pet in a divorce.

However:

• Pets are still legally classified as property
• Courts typically award the pet to one spouse (not shared custody)
• Couples often create custom pet custody agreements outside of court

How Pet Custody Works in Long Island, New York Divorce Cases

From Property to “Best Interests” Standard

Historically, New York treated pets like furniture and were awarded to whoever purchased or owned them.

Today, the law has evolved.

Under New York Domestic Relations Law §236:

• Courts must consider the best interests of the pet
• Pets are treated as a special category of property
• Judges evaluate care, environment, and emotional bonds, not just ownership

This shift reflects what most families already know: pets are family.

Factors Long Island Courts Consider in Pet Custody Cases

Unlike child custody, there is no rigid formula for Pet Custody in Nassau and Suffolk county courts. Instead, courts look at the totality of the circumstances, including:

Primary Caregiving Role

• Who feeds, walks, and grooms the pet?
• Who handles daily routines and companionship?

Veterinary & Financial Responsibility

• Who pays for vet visits, medications, and food?
• Who schedules and attends veterinary care?

Living Environment

• Which home better supports the pet’s needs?
• Yard space, proximity to parks, stability of residence

Time & Availability

• Work schedules and travel demands
• Ability to provide consistent care

Emotional Bond

• Relationship between pet and each spouse
• Connection between the pet and children

Overall Welfare

• Which arrangement promotes the pet’s long-term well-being

Courts weigh all factors. No single factor determines the outcome.

Can You Get Shared Custody of a Pet in New York?

Court-Ordered Shared Custody is Rare

New York courts generally:

• Do not order shared custody or visitation schedules for pets
• Typically award exclusive possession to one spouse

Negotiated Pet Custody Agreements Are More Common

However, outside of court, couples frequently agree to:

• Shared time schedules (weekly, seasonal, or holiday-based)
• Joint responsibility for expenses
• Agreements tied to child custody schedules
• “Right of first refusal” arrangements

These agreements can be included in:

• Divorce settlement agreements
• Separation agreements
• Prenuptial or postnuptial agreements

Pet Custody and Children: Keeping Families Together

Courts often consider the relationship between the pet and the children.

In many cases:

• Pets remain with the parent who has primary physical custody of the children
• This promotes emotional stability for the child
• It reduces disruption during an already difficult transition

This can be a key strategic factor in custody disputes.

What If You Owned the Pet Before Marriage?

• Ownership still matters.
• Pets acquired before marriage are often considered separate property
• However, courts may still evaluate:
  • Shared caregiving during the marriage
  • Contributions by the non-owning spouse
  • The pet’s current living situation

Even if you originally owned the pet, you are not automatically guaranteed to keep it.

Protecting Your Rights to Your Pet on Long Island

If your pet is important to you (and it likely is), you should treat the issue seriously from the start of your divorce.

Key Steps to Strengthen Your Pet Custody Case

• Document your role in daily care
• Keep veterinary records and receipts
• Maintain proof of financial support
• Show consistency in caregiving
• Demonstrate a stable, pet-friendly living environment

The earlier you begin building your case, the stronger your position.

Why Pet Custody Disputes Require Experienced Legal Representation

Pet custody cases often become highly emotional—and legally nuanced.

Without proper legal strategy:

• You could lose your pet permanently
• You may have no enforceable visitation rights
• You risk unfavorable settlement terms

At Hornberger Verbitsky, P.C., we:

• Develop evidence-backed arguments focused on “best interests”
• Negotiate creative custody arrangements when appropriate
• Integrate pet custody into your broader divorce strategy
• Protect your emotional and financial interests

Alternatives to Litigation: Mediation & Collaborative Divorce

Many pet custody disputes are best resolved outside the courtroom. Divorce Mediation and Collaborative Divorce can address pet custody issues outside a courtroom, which provides better collaboration and flexibility in creating a plan that works for you and your family.

Mediation Benefits

• Less adversarial
• Faster resolution
• Greater flexibility in arrangements
• More control over outcomes

Collaborative Divorce

• Structured negotiation process
• Focus on mutual solutions
• Particularly effective for pet custody agreements

These approaches often lead to more humane and practical outcomes for everyone involved, including your pet.

Speak With a Long Island Pet Custody Attorney Today

If you are facing a divorce involving a beloved pet, do not leave the outcome to chance.

The legal landscape in New York is evolving, but without strong advocacy, you could lose an irreplaceable member of your family.

Contact Hornberger Verbitsky, P.C. today for a free consultation and case evaluation. Call 631-923-1910 or fill out the form below and we’ll get right back to you.

We help clients throughout Nassau and Suffolk counties protect what matters most; including their pets.