The bond between people and their pets is profound, and when a marriage dissolves, both parties often consider themselves the rightful “parent” of their furry companion. For years, New York law treated pets like any other piece of property—similar to a couch or a television. However, the law has evolved to recognize what pet owners have always known: animals are more than mere property—they are family members.

A. The Watershed Moment: New York’s 2013 Legal Shift

The legal landscape for pet custody in New York changed significantly in 2013 with the case of Travis v. Murray, 42 Misc.3d 447 (Sup. Ct., N.Y. Cty. 2013). In this case, a couple disputed ownership of their dog, Joey. The New York County Supreme Court broke new ground by declining to treat Joey as mere chattel and considered factors like who primarily cared for the dog, who paid for veterinary expenses, and what arrangement would be in Joey’s best interests. This case signaled that New York courts were willing to look beyond simple ownership questions and consider the actual relationship between the pet and each spouse.

B. New York’s Current Legal Framework

In 2021, New York took another major step forward when the legislature amended the Domestic Relations Law to explicitly address pet custody. Under Section 236(b) of the Domestic Relations Law, New York courts now have the authority to award possession of companion animals in divorce proceedings based on what is best for the animal. This means that rather than simply asking “whose property is this pet?” judges can now consider numerous practical and emotional factors in determining custody of the pet.

C. What Judges Consider

When evaluating pet custody disputes in a New York divorce, courts examine various factors, including:

• Who has served as the pet’s primary caretaker and who is most familiar with the pet’s routine?
• Who has a stronger bond with the pet?
• Who primarily feeds and walks the pet?
• Who primarily takes the pet to the groomer and who is primarily responsible for keeping up with the pet’s hygiene?
• Who administers medication to the pet?
• Who pays for the pet’s expenses, including food, grooming, and medical expenses?
• Who takes the pet to veterinary appointments?
• Whose name appears on veterinary records and pet licenses?
• What are each party’s living arrangements, and which is more suitable for the pet?
• Whose work schedule permits them to care for the pet?

Additionally, if there are children involved and the pet has a strong bond with them, courts may consider keeping the pet with the custodial parent to maintain stability for the children and the pet.

D. Evidence Counts More than Emotion

Loving a pet is simply not enough; courts rely on clear and competent evidence to determine pet custody, not feelings. Such evidence can include:

• Veterinary records, receipts, and bills;
• Pet insurance policies;
• Licensing information and microchip registration;
• Adoption or purchase records;
• Text messages and social media posts evidencing daily caregiving;
• Photographs demonstrating care and interaction with the pet; and
• Testimony from witnesses familiar with the care arrangements for the pet.

E. Can You Get Joint Custody of a Pet?

New York courts are reluctant to impose ongoing visitation schedules for pets. They generally award custody of a pet to one spouse, rather than ordering shared custody or visitation. Courts are keenly aware that parties need finality—not perpetual supervision of a pet on alternating weekends. Additionally, while children benefit from maintaining relationships with both parents, pets do not necessarily have the same needs, and shuttling a pet between two households can be stressful for the animal.

That said, nothing prevents divorcing spouses from agreeing to a shared arrangement on their own. Providing for the care, custody, and expenses of the pet in an agreement allows both parties to remain involved.

F. Agreements Make All the Difference

The most predictable outcomes in pet custody disputes arise when the parties address the issue in writing. In New York, written agreements carry significant weight. Pet custody provisions can be included in stipulations of settlement and separation agreement. 

For couples who are not yet married or who want to address the issue during their marriage, prenuptial and postnuptial agreements can include provisions about pet custody, as well. While it may seem unromantic to plan for the possibility of divorce, addressing pet custody in advance can save significant heartache and expense later.

A clear agreement should specify:

• Who retains or will retain ownership of the pet;
• Whether visitation is permitted and to what extent;
• The division of financial responsibility for expenses associated with the pet;
• How major decisions about the pet will be made; and
• How the agreement will be enforced in the event of a breach and potential remedies.

G. What About Other Animals?

While most pet custody disputes involve dogs and cats, New York’s statute uses the term “companion animal,” which can potentially encompass a broad range of pets. Birds, rabbits, guinea pigs, reptiles, and other animals that serve as household companions may fall under these provisions. However, the law specifically excludes animals kept primarily for commercial, agricultural, or breeding purposes. 

H. Protecting Your Interests

If you are facing a divorce and concerned about pet custody, there are several steps you can take to protect your relationship with your animal. 

• Preserve caregiving records. Keep records of veterinary visits you have attended, receipts for food and supplies you have purchased, and even photos showing you caring for the pet.
• Maintain your role as caretaker throughout the divorce process. Continue to be the one who feeds, walks, and cares for the pet. Consistency matters.
• Be prepared to demonstrate that you can provide a suitable home for the pet after divorce. This includes showing that your living situation accommodates the pet’s needs and that you have the financial resources to continue providing proper care.

I. The Bottom Line


Divorce is hard enough without worrying about losing your best friend in the process. Here is what you need to remember: New York will permit you to litigate the custody of your furry friend, but the outcome is not guaranteed.


The reality is that companion animals occupy a unique place in people’s lives, and New York law now reflects that understanding. While New York’s legal framework provides important protections for those seeking to maintain custody of their pets through divorce, the most favorable outcomes typically result from thoughtful preparation, comprehensive documentation, and when possible, cooperative negotiation between the parties.  

If you have questions about how best to secure custody of a pet, please feel free to reach out to Sydney B. Goldstein at sbg@gdblaw.com or Atty K. Bruggeman at akb@gdblaw.com.