Family Pets and Divorce

We know that your pets feel like part of the family, but in Pennsylvania, pets are considered property and are treated as such in a court-ordered divorce settlement. In divorce mediation, however, the couple works together with a mediator to find solutions and settlements that are beneficial to everyone. This is why I have chosen to focus my practice on divorce mediation and collaborative law, keeping families out of divorce court, in order to make a difficult time less painful and allow everyone to walk away satisfied with the final divorce agreement.

Pet custody decisions can be almost as emotional as child custody decisions. Just as we try to encourage couples to think about what’s in the best interest of the child, we discuss what is in the best interest of the pet, while making sure both spouses have the opportunity to spend time with the pet after the divorce.

While courts may decide ownership based on who bought the animal, we look at more sensitive criteria: Who is the pet most attached to? Who feeds, cares for, and gives more attention to the pet? Are there children in your family, and are they very attached to the pet?

Some solutions we have mediated with other couples include:

• Shared custody of the animal, much as with child custody
• Letting the pet join the children when the children are visiting the non-custodial parent
• Having in-home visit time or meeting at a park for visit time when the non-custodial partner doesn’t have acceptable arrangements for the pet to visit

When determining custody of pets, we also have to consider costs of food, grooming, and pet care and who will be responsible for paying these expenses. Animals can also have significant medical bills, as well as pet health insurance, payment of which should be spelled out in the settlement agreement. The agreement should also describe how medical decisions for the animal will be made and what happens if there is disagreement. For instance, one ex-spouse may wish to have an expensive operation done on a pet who has cancer, while the other may not want to put the pet through that process or be willing to share such an expense. Would the surgery still take place? Who would then pay? And would that affect future visitation rights?

It’s important to review all contingencies when negotiating a settlement regarding a family pet.  Mediation is the best course of action to focus on your pet as well as the entire family.

Give me a call at our Doylestown, Bucks County office at (215) 345-5259 for a complimentary initial consultation so that we can discuss your family’s needs and handle your divorce in a manner that benefits everyone, including your beloved pet.