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The transformations in the way society regards dogs and other household pets present novel issues to be resolved in divorce proceedings. Unlike most marital assets, household pets hold deep emotional value, making it difficult to view them as just another asset to be physically divided in the divorce proceedings.
This article offers a brief overview of pet custody and visitation, specifically within the context of applicable New York State laws.
How Does New York Law View Pets in Divorce?
Unfortunately, dogs are still not yet viewed as "children" in the eyes of the law for custody determination purposes. Regardless of how strongly individuals may feel, a dog is in fact personal property, sometimes referred to as "chattel" similar to a car or a table. Accordingly, in New York State, pets are categorized as personal property under the applicable law.
Recently, there has been a steady move in New York case law straying away from viewing dogs and other household pets in what may be viewed as a reductionist manner. Accordingly, the progression of New York State law has determined that assessing a family pet as a strict property analysis is neither desirable, nor appropriate.
In New York's first matrimonial pet-custody case, Travis v. Murray, the New York County Supreme Court observed, "If judicial resources can be devoted to such matters as which party gets to use the Escalade as opposed to the Ferrari, or who gets to stay in the Hamptons house instead of the Aspen chalet, there is certainly room to give real consideration to a case involving a treasured pet."
Following the sentiments in Travis v. Murray, on October 25, 2021, New York's Governor Kathy Hochul signed a bill adopting a "best interests of the animal" standard in property distribution of a pet or companion animal.
Domestic Relations Law Section 236B(5)(d), has been amended to add a new sub-paragraph 15 that requires a court, when awarding possession of a companion animal, to consider the "best interests" of that animal.
The landmark amendment of Domestic Relations Law Section 236B(5)(d), provides a new perspective for determining possession and ownership of a pet.
What Constitutes the "Best Interests" of the Pet?
Some factors the Court will evaluate in determining the "best interests" of the subject-pet including but not limited to:
- whether either partner ever engaged in domestic violence against the other party;
- the pet's well-being;
- the relationship between the pet and each owner;
- who was responsible for attending to the pet's daily needs;
- who spends more time with the pet; and
- each party's physical and financial capabilities to support the
How to Bolster Your Case
To demonstrate that you have met the requisite standard for custody of your pet during a divorce, it is important to focus on demonstrating your role as the primary caregiver. This can be presented with supporting evidence of involvement in your pet's daily care, such as feeding, walking, grooming, and scheduling veterinary appointments. Furthermore, showcasing your bond with your pet by providing photos, videos, or examples of your regular interaction and care, can also strengthen your evidence.
Additionally, it is also important to emphasize your ability to provide a stable and suitable living environment for your pet following the divorce, including a suitable residence and financial resources for your pet. If your pet has special requirements, such as medication, demonstrate that you are well-equipped to fulfill all needs. Being proactive, organized, and prepared with evidence strengthens your case and demonstrates your commitment to your pet's well-being.
Conclusion
Pets are universally acknowledged as more than possessions, and it is important to understand that there are experts out there who can help you protect every family member.
Effectively demonstrating your loving bond with your pet can be instrumental in securing custody and ensuring a favorable outcome.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
