Pet Custody: Who Gets To Keep The Four-Legged Family Members?

In most families, there’s no debate about who the dog or cat loves most. It’s the person who buys the treats, knows where that one itchy spot is, and never misses a walk, snuggle, or bedtime belly rub. But does that devotion count for anything in a custody dispute when the family splits up?

In the eyes of many courts, not really. While many pet parents see their furry companions as their “babies,” family law courts have long treated animals as property, no different than the couch or the car. That means the question of “Who gets the pet?” can be less about love and more about legal ownership.

However, the legal tide is slowly changing. Several states, including California, Illinois, and New York, have adopted laws that allow judges to consider the well-being of the pet. In those states, courts can award sole or joint custody and even create visitation schedules. The idea is to move away from treating pets as property and begin acknowledging them as family members whose emotional needs matter.

Arizona, where Harmony Law is based, still considers pets to be personal property. That means courts typically award a pet to one spouse or the other, just like a piece of furniture. But even in Arizona, judges may consider factors such as who originally adopted the pet, who provides daily care, who pays for vet bills, and whether children are attached to the animal. A strong emotional bond may not be enough, but documented care and responsibility can help tip the scales.

So what happens when both parties are equally devoted to the pet? Some couples negotiate shared custody, especially when children are involved and the pet offers emotional stability. But unless the state law allows for a formal pet custody order, such arrangements remain informal and unenforceable.

In states that don't allow for joint custody of pets, the most common legal outcome is that the pet is awarded to one party while the other party may receive offsetting assets. For example, if one spouse gets the dog, the other may get something of equal value, at least in theory. But anyone who has ever loved a pet knows there's no true equivalent.

If you’re concerned about losing your companion animal in a separation or divorce, here are a few ways to strengthen your case. First, gather proof that you are the primary caregiver. This includes vet records in your name, receipts for food, toys, and medication, microchip registration, dog license, and photos or videos showing daily interaction. A judge may not ask who throws the tennis ball best, but they might look at who paid for the tennis ball. (Not really, but you get the idea.)

Second, if you and your partner are amicable, consider creating a pet custody agreement. Even in Arizona where it's not legally enforceable in the same way as child custody agreements, a written arrangement may help avoid future conflict.

Third, don’t try to use the pet as leverage. Judges frown on parties who view pets as bargaining chips. If you really want your pet, be prepared to show that it’s about the animal’s best interest, not revenge or leverage.

Finally, don't assume that winning pet custody is just like proving you're a fit parent. While there are parallels, pets don’t have the same legal protections as children. That said, showing that the pet’s quality of life will be better with you can be persuasive, especially in more progressive courts or in states that have adopted new laws recognizing pet well-being. (Just don’t do so at the expense of neglecting to prove to the family court your fitness as a parent to your two-legged child[ren].)

As family law evolves, so does the legal standing of pets. Until more states follow the lead of those that treat pets more like children than an Ottoman, the best approach is preparation, documentation, and perhaps a little compromise.

If you're facing a separation or divorce and worried about what will happen to your pet, Harmony Law may be able to match you with a skilled attorney in your area who can help protect the bond you share with your four-legged family member. We believe no one should have to choose between fair legal help and keeping their best friend.

Need a Trusted AZ Family Law Attorney?

If you're going through a separation, facing custody disputes, or worried about your child's safety, you deserve an exceptional family law attorney who understands the system inside and out but won’t charge you a big firm fee.

Contact Harmony Law today at (888) 427-1280 to schedule a confidential consultation and safeguard your family’s future.