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Pet Custody in New York – The Evolving State of the Laws
In New York, Courts can award pet custody to one of the parties in a divorce or breakup. In a prior post, we discussed a new law that addressed how courts now have the power to consider the best interests of the pet in a divorce. There is no doubt that pet custody disputes can be as contentious as that of one over children.
Since Pets are often considered members of the family, and when a couple breaks up, the issue of who gets the pet can be a contentious one. In New York, pets were considered property, though, under the new law, the court will not treat them as such in a divorce. The statute only addressed divorce. But, what happens if the parties are not married? Since the statute does not apply, a court could treat the pets like property. This would mean that pets could be awarded to one of the parties, much like other assets such as cars or furniture.
Pet Custody in Break-Ups
Recently, a judge was faced with a break-up and not a divorce. This judge applied the newly evolving common laws and looked to this new statute for guidance. The judge concluded that the pet cannot be treated solely like a piece of furniture, but rather the pet and that pet’s relationship to the parties must be taken into consideration.
Supreme Court or Family Court?
In a divorce, the pet custody cases are decided in the Supreme Court. There the pet custody issues are decided in the overall divorce action. When a couple is not married but has children together, they can go to Family Court to have the issues of custody decided.
Unmarried couples with pet custody disputes can’t go to the Family Court but must go to the Supreme Court. Unlike children issues, the Supreme Court has jurisdiction over pet custody issues, whether the parties were married or not.
Factors to be Considered
When making a decision about pet custody in New York, the court will consider a variety of factors, including:
- Who adopted/purchased the pet: If one party purchased the pet before the relationship began, that party may have a stronger claim to the pet.
- Who has been the primary caregiver: The court will consider who has been the primary caregiver for the pet, including who has been responsible for feeding, walking, and taking the pet to the vet.
- The pet’s well-being: The court will consider what is in the best interests of the pet, including which party has the resources and ability to care for the pet.
- The best interest of all parties considered
Who Gets to Keep the Pet After a Break-Up
If you are going through a break-up and want to get custody of your pet there are a few things you can do. Again, understand that Pet Custody in New York is an evolving area of law.
First, try to work out an agreement with your ex-partner outside of court. If you can come to an agreement, you can submit it to the court for approval. It is always better to work out your life than have a stranger in black robes do it for you.
If you cannot come to an agreement, you may need to go to court. When making a decision about pet custody, the court will consider the factors listed above. Therefore, it is important to be able to demonstrate that you have been the primary caregiver for the pet and that you have the resources and ability to care for the pet.
You may also want to consider hiring an attorney who has experience with pet custody cases. An attorney can help you navigate the legal system and make a strong case for why you should be awarded custody of the pet.
Pet Custody in New York: A Case Study
Recently, New York State Justice Lourdes M. Ventura examined Pet Custody in New York, where the couple had never been married. When they broke up, the boyfriend took the dog.
The Court took evidence about the parties’ relationship and acquisition of the dog “Waffles.” Each party presented evidence as to why they should get custody of Waffles.
The court recognizes that pets, particularly companion animals, have a special status in society and should be treated with care and consideration in legal proceedings.
The court noted that prior to the new divorce statute regarding pets, judges applied the “best for all concerned standard” but that the statute changed it to the “best interest of the pet standard.”
Recognizing that since the parties were never married that the statute did not apply, the court none the less would consider the best interests of the pet as a factor. While the court applied the “best for all concerned” standard she also decided to consider “the best interests of the pet” as a factor to be considered in the overall analysis.
Based on the evidence presented, the court awarded sole possession of Waffles to the ex-boyfriend, as it is in the best interest of the animal and all parties involved. Plaintiff’s request for possession of Waffles is denied, but her request for a monetary judgment in the amount of one thousand dollars is granted. So, in effect, the court ordered the ex-boyfriend to buy Waffles from the ex-girlfriend.
Pet Custody Agreements
Just like when couples with children breaks up, it is a good idea for a couple with a pet to get a custody agreement. The pet custodial agreement can prevent a lengthy and expensive lawsuit. It can also provide balance to the parties allowing each of them to maintain loving relationship with the pet
Conclusion
Pet custody in New York can be a complex issue, particularly in cases where a couple is going through a break-up. While pets are considered property in non-divorce cases, they are often much more than that to their owners. If you are going through a break-up and are concerned about pet custody, it is important to understand your legal rights and seek legal advice if necessary.
Remember that the court will consider a variety of factors when making a decision about pet custody, including who has been the primary caregiver for the pet and what is in the best interests of the pet. With the help of an attorney and a strong case, you may be able to get custody of your dog or other pet.
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