Who Gets Custody of Pets in Long Island Divorce?

Pet custody in a Long Island divorce can be surprisingly complicated. Many people consider their furry friends to be members of the family, so some divorcing couples want a pet custody agreement that sets out how much time each spouse will spend with the animal. In general, however, New York courts have treated pets as property.

In many divorce cases, the ruling as to who gets the pet has been made entirely based on of which party could present a receipt proving that they bought the animal. Courts frequently overlooked details like who primarily walked, groomed, fed, and cared for the animal. However, this approach is evolving. Here’s what you need to know about pet custody on Long Island and how to get trusted legal help in your divorce.

Changes to Pet Custody Laws In 2018 

On January 1, 2018, the state of New York issued new guidelines regarding the criteria that determines which spouse will receive a family pet. Pet custody is not treated the same as child custody, according to New York courts, and the same rules are not applicable. However, the law now makes the distinction between pets and property that is subject to equitable distribution.

Similar considerations apply to other family assets like the marital home, where courts look beyond simple ownership to determine the fairest outcome.

The ‘Best For All Concerned’ Standard in New York 

When it comes to pet custody in New York, the law mandates that the court consider the best interests of all parties involved. While a title does not inherently establish custody, the court will take into account how the pet was acquired, as well as how it was cared for during the partnership and who was responsible for this care.

Once the spouses separate, the court evaluates the spouses’ authentic arrangement regarding how they individually spend time with a pet to determine who should be awarded custody. The goal is to ensure that the final decree allows the pet to be cared for in a healthy, happy environment with a capable pet parent.

If one spouse has a disability and uses the pet as an emotional support or service animal, typically custody will be awarded to the person to whom the support animal is registered.

When Both Pets and Children Are Involved in a Long Island Divorce 

If children are involved in the divorce, the court also examines the relationship between the children and the family pet while deciding on pet time-sharing.

If one parent is given main custody of the children or if one parent’s home is the principal location where the children will spend the majority of their time, the court will normally give that parent custody of the pet so as to avoid interrupting the relationship between the children and their family pet.

Pet Custody Can Become Contentious in Divorce 

For many people, pets are considered family similar to their children, and although the law has changed somewhat to reflect this, it still requires a great deal of legal support to successfully illustrate your case for the custody of one or more pets.

Sometimes, one spouse won’t care much about who gets the family pet. Other times, a vindictive spouse will attempt to use the pet as leverage to get other things they want, such as more time with the children or not having to pick up their half of the tab for school supplies. They may even make false allegations of pet abuse or neglect in an effort to prevent you from being awarded custody of the animal. This is often for no other reason than to gain control over the divorce in any way possible, even in small, granular ways.

For more information on Pet Custody, read our practice page, Pet Custody Attorney on Long Island, NY

Protecting What Matters Most, Including Your Pets, in Your Long Island Divorce

If you are considering the possibility of filing for divorce or are already involved in the dissolution of your marriage, it’s important that you seek trustworthy legal support from an experienced Long Island divorce attorney. In many cases, couples can resolve pet custody disputes more efficiently through divorce mediation rather than contested court proceedings.

At The Long Island Divorce & Family Law Group, Hornberger Verbitsky, P.C., we understand how emotionally difficult it can be to navigate divorce from start to finish, especially when more complex issues are involved like child and pet custody. We have the skills and experience to provide you with comprehensive legal representation throughout your Long Island divorce.

Pet custody in a Long Island divorce may seem minor next to child custody or property division, but for many families, it is deeply personal. New York’s “best for all concerned” standard gives courts real room to weigh what arrangement truly serves the pet’s welfare, not just who holds the receipt. Whether your concern involves pets, children, or marital property, the experienced divorce and family law attorneys at The Long Island Divorce & Family Law Group, Hornberger Verbitsky, P.C. are ready to protect what matters most to you. Contact us at 631-923-1910 to schedule your free consultation and case evaluation.

Frequently Asked Questions About Pet Custody in Long Island, NY

Are pets treated as property in a New York divorce?

Historically yes. New York courts have generally treated pets as marital property subject to equitable distribution. Since 2018, the law directs courts to consider the “best interests of all concerned” rather than ownership alone, but a pet is still not treated the same as a child.

How does a New York court decide who keeps the pet?

The court looks at how the pet was acquired, who paid for its care, and who fed, walked, and looked after it day to day. The goal is to place the pet in a healthy, stable home, not simply to reward whoever holds the purchase receipt.

Can our divorce settlement include a pet custody or visitation schedule?

Yes. Many couples agree to a shared schedule or visitation arrangement for a pet as part of their settlement. A written agreement avoids leaving the decision to a judge and is usually faster and less costly than litigating it.

What happens to the pet when children are involved?

Courts often keep the pet with the parent who has primary custody of the children, so the children’s bond with the family pet is not disrupted. The pet’s living situation is weighed alongside the children’s routine and primary home.