Who Gets Custody of the Pets in a Divorce?

Divorces are rarely simple, and for pet owners, the process comes with an emotionally charged and often overlooked question: Who gets custody of the pets? While many view pets as members of the family, the legal system often does not. Understanding how pet custody is handled can help couples prepare for this complex issue in a divorce.

Pets Are Property by Law (But It’s More Complicated Than That)

While you may see your furry companion as a child or best friend, Canadian law generally categorizes pets as "property." This means that pets are treated similarly to other belongings like furniture or vehicles in the eyes of the court. A judge isn’t looking at "the pet’s best interests" the way they would in a child custody battle. Instead, they consider specific factors:

• Who purchased the pet? If one partner can provide proof of purchase or ownership, such as receipts or adoption papers, this might influence the decision.
• Who covered the pet’s expenses? Courts may look at who financially cared for the pet, including things like vet bills, food, and grooming.
• Who is the primary caregiver? While this isn’t specifically about legal custody, evidence showing who walked, fed, and cared for the pet might support a case for ownership. Photos, receipts, or witness testimonies may be helpful here.

That said, more couples are taking a progressive approach and addressing pet custody through agreements or mediation rather than relying on a court to decide.

Reaching an Agreement With Your Partner

The reality is that no one wants to see their cherished pet become a point of contention during a divorce. If both you and your ex have an emotional bond with the pet, negotiating an agreement can offer a fair solution and avoid the courtroom altogether. 

Here are a few common ways agreements are reached:

• Shared Custody: Some ex-couples agree to a schedule where pet care duties are split equally. While this idea sounds great, it requires ongoing coordination and communication with your ex.
• Sole Custody With Visits: One person may take full ownership while allowing the other occasional visits, ensuring both parties stay connected to the pet.
• Expenses Agreement: Regardless of who keeps the pet, agreements about covering costs like vet bills can make the transition smoother.

The Rise of Pet Custody Agreements

Increasingly, pet owners are including custody clauses in prenuptial or postnuptial agreements. These contracts outline what happens to the pet in case of divorce, saving many disputes down the road. If you didn’t plan for this, a knowledgeable family lawyer can still help you form a formal agreement during divorce proceedings.

Hire a Burlington Family Law Lawyer to Protect Your Interests

At such an emotional time, you shouldn’t have to figure out legal matters alone. Angela at Grant Lee Law understands that every situation is unique and believes in resolving conflicts with your pocketbook at top of mind. Whether it’s working out pet custody or larger family law matters, they are here to help. 

Call 289-258-7169 to book your consultation today and ensure the future of both yourself and your beloved pet is in reliable hands.

Deciding who gets custody of pets in a divorce is rarely simple, but taking steps to negotiate fairly, prepare documentation, and reach an agreement can help reduce stress for both parties involved. Remember, the goal isn’t just about legal ownership; it’s about ensuring your pet remains safe, cared for, and loved during this significant transition.

Grant Lee Law   289-258-7169