A pet custody arrangement is an agreement reached by a divorcing couple that outlines who will receive primary ownership of a pet, and how shared responsibilities, like daily and veterinary care, are handled. Unfortunately, New Jersey does not have any laws currently in place that the courts utilize to navigate pets during a divorce. As such, in accordance with the law, animals are treated as property, meaning that, without an agreement, the court will generally award ownership to one party. However, by creating an agreement, both spouses can maintain a relationship with the pet.
What Is a Pet Custody Arrangement in New Jersey?
You’ve heard of a child custody arrangement, but have you ever wondered what happens to a family’s dog in the event of a divorce? One spouse may not particularly care and let the other spouse take full ownership of the animal. However, pets are an important part of any family.
In New Jersey, pets are considered property, meaning they will not be treated like children in a custody dispute. Instead, courts across New Jersey, including the Sussex County Superior Court, Family Part, will generally award ownership of the animal to one party, unless the couple can agree on an alternative arrangement. The courts will utilize NJ Rev Stat § 2A:34-23.1, which outlines New Jersey’s equitable distribution statute, to determine how to divide assets, including a pet, in a divorce.
Key Features of a Pet Custody Agreement
- Details which spouse will retain primary ownership of the animal
- Outline a detailed visitation or shared time schedule
- Establish responsibility for pet care and expenses
- Provide guidelines for medical decisions and emergency
- Allows the couple to create a flexible arrangement that meets the needs of the pet
How Is a Pet Custody Arrangement Created in New Jersey?
Because New Jersey recognizes pets as property, a court will not create a custody arrangement like it would with a child. Instead, given the chance, they will simply decide that one spouse receives ownership of the animal. However, if you and your spouse both want access to the pet, you can do so by drafting your own custody agreement.
It can be done either on your own or with the help of mediation. Some couples may be able to come to a decision together, but others with a hostile relationship or drastically different ideas on the plan may need to enlist the help of a mediator. A mediator is a neutral third party who will help you navigate the discussion on pet custody.
Ways to Establish a Pet Custody Agreement
- Direct negotiations during the divorce process
- Mediation with the assistance of a neutral third party to settle disputes
- Inclusion in a broader pre-marital agreement
- Informal agreements were later finalized through legal documentation
- The use of legal counsel to help ensure the enforceability of any agreements
Is a Pet Considered Marital Property in New Jersey
If one spouse owned the pet before the marriage or relationship, that could have a significant impact on custody. If the pet was obtained during the relationship, however, it can be more complex, as the animal would be deemed marital property.
How Courts Evaluate Pet Ownership
- Whether the pet was adopted before or during the marriage
- Which spouse handled the daily care of the animal
- Who contributed financially to the pet
- The current living arrangements of each spouse and how that reflects the pet’s best interests
- Any current existing agreements between the spouses
What Should Be Addressed in a Sussex County Pet Plan?
Your pet custody plan should be as detailed as possible, especially if your relationship with your ex-spouse is volatile or rocky. You do not want to leave any room for disputes later on. It is recommended that your agreement address the following topics.
You should also account for what is in the best interest of the pet. For example, if one spouse lives in an apartment in Vernon, while the other has a spacious yard where the animal could play in Sparta, allowing the party with the most space for the animal to retain primary ownership may be best. Also, keep in mind who has been the primary caretaker of the animal during the relationship.
If you have children, you will want to allow them to see the pet as much as possible, so the custody arrangement may reflect the pet custody schedule.
Essential Terms to Include
- The living arrangements of the pet and which spouse will be the primary owner
- The visitation schedule of the other spouse
- The agreed-upon schedule of the pet, like feeding and walking times
- How each spouse will contribute financially to daycare, veterinary care, etc.
- If one or both spouses have the right to make major decisions about the pet, especially medical decisions
Additional Considerations
You can also include certain topics that are specific to you and your family. Because you and your spouse are drafting the custody plan from scratch, you can personalize it to your needs. Maybe one of you travels for work often or spends time out of state for the holidays. You can include stipulations about who will take care of the pet during specific family events or times of the year.
Contact an Experienced Sparta Family Law Firm Today
Going through a divorce can be incredibly difficult, but when your relationship with your furry friend is at risk, these matters can become even more stressful. That is why it’s in your best interest to connect with an experienced family lawyer at Paris P. Eliades, Esq. to help you determine the best course of action. Our firm will examine your circumstances to help you fight for the best possible outcome. Contact us today to learn more.