Who Gets the Dog in a New York Divorce?

Breaking up can be tough, especially when it comes to deciding who gets to keep the family pet.

In the past, New York law treated pets like just another piece of property, giving them to one person after a split. But, things have changed. Back in 1999, there was a court ruling that shifted the way pets are seen, moving away from treating them as just objects.

The "Best for All Concerned" Standard

Enter the "best for all concerned" standard - a new way to settle pet ownership disputes. This standard looks at things like the pet's well-being, their bond with each person, who takes care of them most, how much time is spent with them, where everyone lives, and how capable both parties are of looking after the pet.

Balancing Interests in Pet Custody Issues

While New York courts have made it clear that pet ownership disagreements aren't the same as custody battles over kids, they do acknowledge the special place pets have in our homes. That's why they use a mix of personal property and child custody approaches when deciding who gets to keep the pet.

What Courts Consider in Pet Custody Cases

Who's the Main Caregiver? One big thing the courts look at is who mainly looked after the pet. That means feeding, grooming, and getting them to the vet. Having proof and people backing you up about this can really make a difference in court.

Connection with the Pet The courts will also consider how close each person is with the pet. For instance, dogs often get really close to certain people. Showing who the pet always spent time with, took walks with, and had lots of lovey-dovey moments with can help swing the decision in your favor.

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By considering what's best for the pet and everyone involved, the courts do their best to make fair decisions when couples can't agree themselves.