Approximately 66% of all American households have a pet. Therefore, divorce often involves pet-related decisions.
Under California Family Code Section 2605, courts no longer treat pets strictly as property. Judges have the authority to assign sole or joint ownership of a pet based on the animal’s care and best interest.
Pet Custody
In determining pet custody, courts generally will consider:
- who feeds, walks, grooms, and schedules vet visits.
- the strength of the connection between each person and the animal.
- which home(s) provide a safe, stable, and adequate environment.
- each spouse’s work schedule and financial ability to pay for food and medical care.
- any record of abuse, neglect, or sole ownership prior to the marriage.
When judges have to decide pet custody, they may decide either:
- Sole Ownership: One spouse gets full legal control, sometimes with visitation rights granted to the other.
- Joint Ownership: Both spouses share responsibility, often combined with a rotating custody or visitation schedule.
Of course it’s normally preferable to work out pet custody yourself rather than have it decided by a judge. For those who opt for divorce mediation, pet custody can be an important matter to resolve and include in the overall divorce agreement.
Shared custody?
Shared custody may feel fair but is rarely in a dog’s best interest. Dogs are creatures of routine and generally do better with one primary home. This especially applies to older dogs, anxious dogs, herding breeds and guarding breeds.
Cats should almost never move between homes. Cats are deeply territorial and rely on predictable routines and familiar environments to feel safe. Forcing a cat to alternate between two homes often causes severe anxiety, stress, and behavioral problems. A cat at each home is often the better financial and animal welfare solution.
As a mediator, encourage clients to assess what the pet actually needs for their own optimum well-being and not just what feels fair to the spouses.
Financial Considerations
Pet custody also involves who will pay the various costs associated with a pet, or how these costs will be shared.
Annual dog ownership costs are typically approximately $1,500 – $5,000 per year, depending on breed, size, age, and health. Over a dog’s 10–15 year lifespan, this can add up to $15,000+ for a small dog and $50,000+ for a large dog.
Emergency vet care can be a financial shock. The average emergency vet bill is about $650, but it is not uncommon for the cost of treatment to be many thousands of dollars.
Agreements regarding who will pay the ongoing costs of the pet should be included in the divorce agreement. These agreements should include:
– how routine costs will be divided (food, vet, grooming);
– who pays for emergency veterinary care or how will the cost be shared;
– who will purchase and maintain any pet health insurance;
– who makes major medical decisions, including end-of-life.
