The Importance of Pet Custody Agreements: Protecting Your Pet

If you are beginning a relationship, or are in a relationship that is growing more serious, it is important to consider any pets into your future planning. If you and your partner have animals together, we strongly advise that you create a pet custody agreement (known as a “pup nup”) to safeguard your pet’s well being in the case of a custody dispute or breakup. 

What is a Pet Custody Agreement, and Why Might I Need One?

So, what even is a pet custody agreement? Depending on the state you are in, the language will change, but generally speaking, pet custody agreements are legally binding documents that outline the amount of time a person has possession of a specific pet. Drafting one can help preemptively outline the best mutual course of action to ensure that your pet is well cared for in the event of a break up. With the goal of protecting your pet, as well as the emotional health and time of parties who care for the pet, pet custody agreements serve many uses. Primarily, these precautionary documents help avoid the hassle of any legal proceedings that may arise over pet custody disagreements, and can grant both parties in a relationship peace of mind. 

How Can My Agreement Best Protect My Pet?

A strong pet custody agreement will answer a wide range of pet care questions and scenarios. For example, if you and your partner were to separate, a pet custody agreement can answer the question of who gets physical possession of the pet, when, where, and for how long. It also outlines who has legal ownership of the pet. In the law, possession and ownership are two different things and carry with them different rights and responsibilities. By having these difficult discussions up front and putting them down in a document signed by both parties, these agreements prevent spur of the moment decisions that result in a custody battle (which often grow very heated). This also protects both parties from one person unilaterally taking and withholding the pet from the other person. The police generally will not get involved in pet custody disputes, even if you are the sole owner and are alleging that the other party stole your pet from you. Police cannot and should not take a pet from one person and give it to another without a court order. 

There are a large variety of other important questions that pet custody agreements are necessary to help answer. In the case of a relationship break up, these agreements can help determine beforehand who gets visitation, how much of it is granted, and if it is granted, who is responsible for transporting the pet, who is responsible for medical care, and financial responsibilities. Additionally, pet custody agreements can help you and your partner determine how to handle ongoing care. Some of these logistics may include who is responsible for which costs, ranging from food, to grooming, to veterinary costs. And finally, pet custody agreements can help determine what should happen in the event of medical complications for your pet. By discussing and writing down who will be responsible for making decisions about your pets medical care, as well as post-life care such as cremation or burial expenses, these agreements help alleviate some of the emotional stress that separation can cause for the question of pet custody. 

What are State-Specific Considerations for Pet Custody Agreements?

While pet custody agreements are an option in all 50 states, it is smart to look up if there are any exceptions or considerations for your state’s pet custody laws before drafting one. For example, in the states of New York and New Jersey, a pet’s best interest is factored into custody and visitation decisions. These details can be factored into how you shape your pet custody agreement. In states like Colorado and Texas, where there are no specific pet custody laws, each case is handled individually making pet custody agreements of utmost importance. By working with an experienced Pet Custody Attorney, you can ensure the well-being of your pet and the protection of your rights in the case of a breakup.