It’s easy to look at your pets like members of the family. In divorce cases, the question of who gets to keep the family pet can become contentious. In New Jersey, courts approach pet custody differently than child custody. Here’s how the state handles pet custody in a divorce.
Pets as property
Pets are legally considered property rather than family members. This classification means the court treats pets like other assets, such as furniture or vehicles, during a divorce. Unlike in a child custody case, the primary consideration is ownership, not the pet’s best interests.
Determining ownership
To determine who gets custody of the pet, the court will look at various factors to establish ownership. These factors can include:
- Who purchased the pet
- Whose name is on the pet’s registration
- Whose name is on the veterinary records
- Who primarily cares for the pet
The courts will consider evidence such as receipts, registration papers, and testimony from friends and family. This evidence can help support claims of ownership.
Agreements between spouses
Many divorcing couples reach their own agreements about pet custody outside of court. They may agree on shared custody and visitation schedules or decide that one spouse will keep the pet while the other receives compensation. Courts generally honor these agreements if they are reasonable and mutually acceptable.
The pet’s well-being
While the primary legal framework treats pets as property, some judges may consider the pet’s well-being. This is especially true if both parties present a strong emotional attachment to the pet. The judge may consider factors such as the pet’s living conditions, who can provide better care, and who has a stronger bond with the pet.
Finding common ground
Losing a pet can be as difficult as losing a spouse in a divorce. Knowing the process aids divorcing spouses in making more informed pet custody choices.