CSG Law Alert: Your Best Four-Legged Friend: What to Know About Disputes Over Pets in Divorce
When people think of custody disputes, our minds immediately think of children. But what about our beloved furry friends? What is to be done when pets are caught in the middle of a vicious dispute between spouses and/or former spouses? Below are some questions to consider when navigating this issue.
Q: How are pets viewed in divorce cases?
A: Although once considered the same as other personal property, courts in New Jersey have made developments in the law, finding that pets have more value to their owners than assets. Specifically, the New Jersey Supreme Court has held, “pets have a value in excess of that which would ordinarily attach to property, because unlike other forms of personal property, they are not fungible.” McDougall v. Lamm, 211 N.J. 203, 225 (2012). In Houseman v. Dare, 405 N.J. Super. 538, 543 (App. Div. 2009), the Appellate Division analogized pets to property with a special subjective value such as “heirlooms, family treasures and works of art that induce a strong sentimental attachment.” Since pets have such a special subjective value to each of us, courts in New Jersey are willing to consider arguments as to where a pet should reside and appropriate time sharing between its owners.
Q: What does a court consider when making determinations in a pet custody dispute?
A: A court may consider a variety of factors when deciding pet custody issues including but not limited to: which party primarily found, adopted, or bought the pet, which party attended to the pet’s medical needs (ex: routine checkups, vaccines, and illnesses), which party primarily cared for the pet (ex: providing food, water, shelter, grooming and exercise),and which party’s lifestyle is more compatible with pet ownership. See Joan M. Bundy, Pet Custody Disputes: Who Gets Fido or Fluffy?, GPSolo, (May/June 2023); Elizabeth Williams, Litigation of Pet or Animal Custody in Divorce Proceedings, 144 Am. Jur. Trials 173 (2016).
Q: How can I protect my right to see my pet?
A: Often the best way to protect your right to see your pet is to raise the issue and address it in the divorce process. Whether it is an issue that can be resolved and find its way into a settlement agreement or one that must be tried by the court, do not let your best four-legged friend be forgotten.