Shared Custody Arrangements for Pets
In New Jersey, pets are no longer considered personal property when it comes to equitable distribution in divorce. Most pet lovers would agree that pets are part of our family, so it makes more sense for pet valuation to be dealt with like custody. An experienced pet custody attorney can help draft custodial agreements for pet custody.
“Best Interest of the Pet” Standard
Historically, pets were considered property to be valued in New Jersey divorce cases. Finally, courts are recognizing the enormous sentimental value of pets as well as the feelings and emotional care of the animals. With a breakup or divorce, there is a great deal of loss to the spouses, the children, as well as to the pets. With pet custody agreements, courts are beginning to recognize the importance of determining what arrangements would be in the best interest of the pets.
Our fur babies cannot be replaced, so treating them as personal property no longer makes sense. Because some courts will determine ownership of the pet without considering all relevant factors, it’s important to have a custody agreement that considers all of the factors, such as:
- Spouse who has been responsible for daily care of the pet
- Spouse who purchased or adopted the pet
- Spouse or child the pet might be bonded to
- Potential emotional (and physical) impact of change on the pet
- Financial position of spouses
Pet Custody Agreements
In New Jersey, courts are beginning to embrace pet custody agreements, pet parenting plans, and even pet prenups. As long as the parties can agree amicably about terms, courts are willing to incorporate these terms into final judgments. These agreements should address everything from ownership and visitation to paying for the care of the animals.
Because these cases are so novel, it is important to hire a family law attorney with experience in pet custody. Our attorneys at Edens Law Group LLC understand the nuances of family law and can sympathize with pet parents regarding their pets’ welfare after divorce.
What Are the Pet Custody Laws in New Jersey?
There are currently no laws for pet custody in New Jersey because pets are still technically considered property and are included in the division of assets during separation. However, recent court cases have established the emotional value that pets have for their owners as well as the importance of caring for pets after a separation. This is why it is so important to make sure that any marital separation agreement includes a section on caring for the family pets.
Whether a breakup or a divorce, talk with a pet custody attorney to determine your legal options for pet ownership. With over 35 years of experience in family law, including pet custody, Edens Law Group LLC will help you secure your pet parental rights and focus on the welfare of your fur babies. Call us for a consultation today!
Paws for a Moment: Navigating Pet Custody in NJ Divorce Proceedings
