Pet Custody Negotiation

Mediating Pet Custody Agreements That Are in the Best Interest of You and Your Pet

Although there have been improvements in New Jersey law for determining pet ownership in court, litigation still doesn’t provide couples with any control over the outcome of division of assets, including who keeps the pets.

Negotiation and mediation are often ideal ways for couples with pets to determine custody. This allows couples to work together on a fair agreement that provides adequate care for their pet.  A couple can discuss and decide how they will share or alternate time with the pet, how they will handle the cost and care of the pet, medical treatment and anything else related to the care of their pet or pets.

Pet Custody Issues to Consider

A pet custody attorney or mediator is an invaluable asset when negotiating custody of a pet. They will help you design a separation agreement that addresses the needs of any pets you and your spouse have. They can help you determine aspects of pet custody, including:

  • Which spouse will be responsible for primary care
  • Visitation rights for the non-custodial spouse
  • How you will make decisions about veterinary care
  • Alternative pet care arrangements
  • Appropriate feeding schedules and routines
  • How you may want to handle the pet’s remains after death

Mediating Custody for Multiple Pets

If you have multiple pets in the family, you may think that you can simply divide the pets among two households.  However, it’s important to remember that a divorce or break up can be just as stressful on your pets as it is for your children.  Pets feel stress when there is a change in their environment, schedule, and in their people.

In some cases, especially if a pet is more bonded to one person or the other, it can make sense for one pet to go with one spouse and another pet to go with the other spouse.  But consider that some pets might be siblings or could be extremely bonded to each other.  In that case, it may be in the pets’ best interest to keep them together.  Additionally, one or more pets may be bonded to the children. Pet custody arrangements in this situation might specify that the pets go where the children are and follow the parenting schedule.

These nuances all need to be discussed and negotiated in order to come up with an agreement that works for both spouses as well as their beloved pets.  An experienced pet custody mediator can help you discuss the options and considerations for each option.

Pet Custody Expenses

With pet care comes financial considerations for the care of the pets.  How you share the cost of food, grooming, veterinary expenses and the like, is another topic that needs to be discussed in mediation for pet custody.  It’s important to take into consideration each person’s financial situation and ability to afford the pet.  Sometimes routine care is the responsibility of the individual, but larger veterinary expenses are something that may need to be shared.

There are some additional factors to consider with regard to the financial burden of caring for the pet after divorce.  The proximity of one spouse to the preferred veterinary clinic or pet sitter, the ability of one spouse to work from home more thus providing more care to an aging pet, and certainly the type of home that each spouse has should all be considered. This doesn’t mean that the spouse who gets to keep the family home with the big yard also keeps full custody of the pets.  It just means that it’s a factor that should be discussed and considered.

Work with your divorce mediator to create a pet custody agreement that both parties can get behind. Just like focusing on what’s best for the children, couples who can focus on what’s best for the pets can come up with a pet custody agreement which will greatly benefit the family pets.  Call Edens Law Group for your consultation today.

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