Who Gets the Dog (or Cat) in a Divorce?

A host of emotional and legal challenges are possible when a marriage ends, and for many couples one of the most heart-wrenching disputes isn’t about property or money, it’s about who gets to keep the family pet. Whether it’s a loyal dog, a cuddly cat, or even a more exotic animal, deciding pet custody is often more complicated than people expect.

Your pet may be legally considered property, but to you. A Bucks County family attorney can help you negotiate a thoughtful agreement or make a compelling case if the matter must be decided in court.

Courts Viewpoints and Negotiating a Fair Outcome

Under Pennsylvania law, pets are considered personal property. That means, as far as the court is concerned, your pet is treated more like a piece of furniture than a member of the family. The court does not have authority to award shared custody or visitation rights for pets as it does for children. Instead, judges determine who gets the pet based on ownership. This is often tied to who purchased the animal or whose name appears on vet records or licensing documents.

That said, judges may sometimes consider who has been the primary caregiver, especially if it’s clear that one spouse was more involved in feeding, walking, and vet visits. But unless both parties can agree, the legal outcome may not reflect the emotional bond both parties feel.

Given the limitations of the court system, many divorcing couples choose to negotiate pet arrangements outside of court. This approach gives them more control over the outcome and can help preserve peace during an already tense time.

• Include the pet in a settlement agreement. Couples can agree on who will keep the pet and include that language in their divorce settlement. This is legally binding and avoids leaving the decision up to the court.
• Create a visitation schedule. If both parties are attached to the pet, they may agree to a shared arrangement, such as alternating weeks or visits during holidays.
• Link the pet’s custody to the child’s. In families with children, some couples agree that the pet will go with the children, helping to maintain stability.
• Consider the pet’s best interest. This may include who has the space, time, or financial resources to care for the animal.

For example, in a situation where both spouses are deeply attached to the dogs they own, they may decide to reach an agreement rather than battle it out in court. This could include deciding that the dogs will live with the person who has a fenced yard and a flexible work schedule, but the other spouse will take the pet on weekends.

Share Your Pet Concerns with a Lawyer

A Bucks County family attorney can help you negotiate a thoughtful agreement or make a compelling case if the matter must be decided in court.

Is a family pet the source of many fights as you move to separate? Have a conversation with the attorneys at Kevin L. Hand, P.C. Call 215-515-2604 for a confidential consultation.