While pets are legally considered property in New York, a 2021 law requires judges to determine pet custody based on the animal’s best interests, similar to child custody. This means the court will consider the pet’s well-being and who provided primary care during the marriage.
The case law has expanded this standard to include consideration of certain factors such as “the pet’s well-being, the relationship between the pet and the owners, who was responsible for caring for the pet’s daily needs, and each party’s physical and financial ability to care for the pet, amongst others.”
Pets come with emotional, psychological, and financial responsibilities. Cohen Stine Kapoor LLP can help you achieve a pet ownership arrangement, sometimes referred to as a “Petnup Agreement,” that serves the best interests of you, your family and your pet.