Pet Custody

What happens to pets during divorce?

Divorce is never easy, and it becomes even more complicated when pets are involved. Historically in New Jersey, pets were considered property, which means that they were subject to the same rules as other assets like cars or furniture. However, if you are a pet owner going through a divorce, you know that your furry friend is much more than just property.

Thankfully, the courts now consider the appropriate custody for the pet based on many different factors. The court will examine things such as: who cares for the dog (or other pet) on a daily basis, takes the dog to veterinarian appointments, and who is most equipped to provide the pet with the love and care it requires in the future.

Negotiating Pet Custody

Pet custody can be an emotionally charged issue.  It’s always a good idea to try to negotiate a pet custody arrangement with your soon to be ex.  The good news is that there are several options available to pet owners in New Jersey. Here are a few possibilities:

  • Mediation: Mediation is a form of alternative dispute resolution where a neutral third party helps the couple reach a settlement agreement. This can be a good option for couples who are willing to work together to find a solution that is best for the pet.
  • Shared custody: Just like with children, shared custody of pets is an option in New Jersey. This can be a good choice for couples who are committed to co-parenting their furry friend.
  • Sole custody: If one person is more attached to the pet than the other, sole custody might be the best option. In this case, the pet would live with one person and the other person would have visitation rights.
  • Rehoming the pet: While this may not be the ideal solution for many pet owners, rehoming the pet to a suitable surrogate can be a way to resolve the issue if neither person is willing to give up the pet or if neither person is able to care for the pet.

Regardless of the option chosen, it’s important to remember that pets can be just as affected by divorce as children. The change in living arrangements and routines can be stressful for them. It’s important to try to maintain as much stability as possible for the pet during this transition.

Pet Custody Attorneys Can Help

If you are facing a divorce and have pets, it’s important to speak with an experienced family law attorney who can help guide you through the process. We can help you understand your options and work towards a solution that is best for you and your furry friend. At Edens Law Group, we not only have the experience to guide you through your pet custody issues, but we are also pet lovers too! 

In the end, remember that pets are a source of comfort and companionship, and they deserve to be treated with care and respect during the divorce process. With a little patience and understanding, you can work towards a resolution that benefits everyone involved, including your beloved pet.

Paws for a Moment: Navigating Pet Custody in NJ Divorce Proceedings