Divorce and Pets

What about the pets?!

Any pet owner will tell you that he or she views the pets are part of the family, often referred to as fur baby. For this reason, many divorcing couples expect that they can set out a custody schedule for the pets. Unfortunately, the Pennsylvania courts will not enforce a custody arrangement for pets. No matter how you may personally view your pet, in the eyes of the law, your pet is property. In a divorce only one person can retain ownership of the pet.

Desanctis v. Pritchard set the precedent for pet custody cases.

In this case, the couple outlined in the divorce settlement that the dog would go to wife and the husband would be able to visit.

This worked out until the wife moved far away and wouldn’t let her ex-husband visit the dog anymore. He took her to court, seeking joint custody or set visitation for the dog, and the court ultimately ruled in the wife’s favor.

The Pennsylvania family court stated that, since pets are property, the courts would not facilitate custody or visitation rights. The awarded owner is not obligated or bound by the law to provide any visitation. The two parties can arrange visitation amongst themselves; but keep in mind there will be no legal repercussions if the main owner doesn’t keep up his or her end of the bargain.

In 2017 there was Legislation (House Bill 1652)   which sought to add a companion animal provision to the Divorce Code and would have allowed the courts to determine custody and financial obligations for pets. At this time the legislation has not been passed and Pennsylvania residents do not have additional recourse within the courts when determining custody, visitation, and financial support for pets.

Handling Pet Custody

If you have a pet that you can’t bear to part with, make sure your prenuptial agreement clarifies that the pet will go to you in the event of a divorce.

If you did not mention your pet in the prenup, or if there wasn’t one at the time, then you must make it known during the divorce proceedings that you want the pet to go to your custody. A divorce lawyer can work diligently to make sure you get what you want and deserve from the situation.