New York’s Pet Custody Law Explained: Who Gets the Dog When Couples Split?

For a long time, New York divorce law treated pets like coffee tables. No different than furniture. Whoever “owned” the pet on paper got to keep it. Emotional bonds didn’t matter. Well-being didn’t factor in.

That changed in 2021.

New York’s Pet Custody Law now requires judges to consider the “best interest” of the pet when determining custody in divorce or separation cases. It’s a small shift with major consequences, especially for those of us who believe that animals are family, not property.

What does the law actually say?

In cases of divorce or legal separation, courts are instructed to consider the best interest of a companion animal when determining custody or possession.

The law applies to pets acquired during the relationship or jointly cared for — not a pet clearly belonging to one party before the relationship.

Judges may award sole or shared custody, though shared custody is still rare in practice.

What courts now consider:

• Who has been the pet’s primary caregiver

• Who handles vet care, grooming, feeding, and training

• The emotional bond between each party and the animal

• Whether one party has a history of abuse or neglect (toward animals or otherwise)

Where this matters most:

• High-conflict divorces where both parties are fighting for the animal

• Relationships without marriage, where property law may still override

• Situations where one party threatens to use the animal as leverage

Where LAW steps in:

• We assist attorneys with affidavits, veterinary records, and behavioral evaluations to build strong custody cases

• We protect animals being used as pawns in domestic disputes

• We help draft agreements that prevent future custody battles

Important: The pet custody law does not apply to animals classified as livestock or commercial property, only companion animals like dogs, cats, and household pets.

Bottom line: If you love your pet like family, the law is finally beginning to recognize that bond. But legal recognition isn’t automatic. It has to be argued, documented, and taken seriously by the court.

LAW does exactly that.