Thinking about getting a pet with your significant other?

If you and your significant other are considering adding a pet to your family, you may want to consider the idea of entering into an agreement about the pet to spell out what happens in the event that relationship ends.

Custody of pets is a developing area of law, as there is a limited statutory and case law guidance for judges, attorneys, and pet parents. However, several state courts have created a standard which contemplates the “best interest of the pet”. In addition, some courts may see your pet as personal property, and use established precedent under personal property law to determine who will retain custody of the pet. If you live in a “separate property” state you may not have any ownership rights of your pet.

Under the law of contracts, similar to a pre-nuptial agreement, it may be very helpful for you to enter into an agreement that outlines who will retain custody (or joint custody) of your pet, a visitation schedule and an expense sharing plan if the relationship sours. By agreeing to these issues in advance while a relationship is working, you may be able to avoid dealing with these challenging issues during a difficult and emotional time.

The material on this website is not offered as legal advice on any matter and should not be used as a substitute for seeking professional legal advice.