What To Do If You Are Involved in a Custody Battle Over Your Companion Animal

Our animal companions are family. So it’s no wonder that when we split up with our spouses or move out of our family home disputes can arise about who gets to keep the animals. 

Traditionally, animals have been seen as nothing more than property in divorce or separation proceedings, to be divvied up alongside the furniture, the cars, and the house, but legislatures and courts are increasingly recognizing the flaws with treating animals as mere property when their future well-being is at stake. 

This is a basic overview of what to expect if you are involved in a custody battle involving animals, along with helpful tips. The information on this site is provided for general informational purposes only and is not intended as legal advice on any particular matter or as a substitute for your own legal counsel.

Courts may consider various factors in resolving animal custody disputes

These can include factors such as: 

• Who originally adopted or purchased the animal, 

• Who is the animal’s primary caregiver,  

• The emotional attachment of each party and of any children in the home,  

• Any history of violence against animals or people by the parties; and 

• The best interest of the animal

Courts in different states may use different legal standards to determine custody

While most courts will award custody based on who is determined to be the animal’s legal owner, this is not always the case. In 2016, Alaska became the first state to pass a law requiring courts to consider the best interest of the animal in “pet custody” cases. Since then more jurisdictions have enacted laws relating to animals in divorce or separation proceedings: Illinois (2018), California (2018), New Hampshire (2019), Maine (2021), New York (2021), Washington DC (2023), Delaware (2023), and Rhode Island (2024). Some jurisdictions may also have relevant “pet custody” case law in divorce, separation, or the end of other relationships (e.g. Massachusetts and Vermont). 

It’s expected that this model will become more common: that more courts will choose to consider an animal’s interests when determining custody and that more state legislatures will codify this practice and establish a standardized framework for the courts. Your attorney will be able to advise you of the current law in your state.

Proof of “ownership”

Because animals are traditionally considered property in the eyes of the law, it will likely be helpful to offer proof that you were the one who adopted or purchased the animal. However, if you were not the one who originally brought the animal home, do not give up. There are other factors that may be helpful in substantiating your claims of being the one who should be awarded custody. 

• You may be able to establish credibility as primary caregiver using:  

• Receipts for veterinary care, grooming, training classes, food, and other items purchased for the animal. 

• Neighbors as witnesses who saw that you were usually the one who walked or played with the dog or took them to the park. 

• Photos or video demonstrating your emotional connection with the animal.  

It can also be helpful to demonstrate your ability to provide future care for the animal, such as your schedule, finances, and pet-friendly housing.

Alternatives to custody

A judge may be willing to award you visitation or joint custody of your animal, even if you are not granted sole custody. Be sure to pursue all available options. 

Again, your attorney should be able to give you guidance on these issues.

The Animal Legal Defense Fund may be able to help 

Our Legislative Affairs Program helps pass laws that protect the lives and interests of animals and may be able to advocate for a ‘pet custody’ type law in your state.  

Our Litigation Program, in custody disputes involving animals, have long advocated through amicus (or “friend of the court”) briefs for judges to take into account the interest of the animal when determining custody (e.g. Mr. Bear and Kona in Washington State). Requests for an amicus brief may be submitted online via this form.  

Our Pro Bono Program may be able to circulate custody related matters to the Pro Bono Network of volunteer attorneys for consideration. Requests for legal assistance through the ALDF Pro Bono Network may be submitted online via this form.

Neither the use of this website nor the submission of any information to ALDF will create an attorney-client relationship with ALDF or any of its attorneys. Information disclosed to ALDF will not be privileged or confidential.