Pets have been proven to bring comfort to homes during stressful times, and the current pandemic is no exception as the sale of pets has gone up significantly this year.
A growing number of New York judges are beginning to recognize the intense bond people have with their pets. Parties to divorce proceedings are increasingly being allowed to argue their cases for pet custody in open court.
Up until recently, pets were treated as property by the courts in divorce matters. It was quite straightforward: whichever party could show proof of purchase would get ownership of the pet. More often than not, courts would ignore certain factors like who walked, showered, and cared for the pet.
With new changes being made, the law now requires that the New York Court uses a “best for all” standard when determining custody of pets. Now more than before, pets are being seen as members of the family. Pets being treated as objects in a divorce does not sit well with owners. In addition to considering which party would best care for the dog, the emotional impact on the dog owner should also be taken into account. There have been other states that have already adopted and implemented the pet standards that reflect child custody laws.
In New York, there are many factors for a judge to consider prior to deciding custody. Some of these factors include but are not limited to:
- Which party spends the most time with the pet on daily basis;
- Which living situation is best for the pet;
- Are there children involved in the case;
- Which is the party responsible for taking care of the pet’s needs.
Due to the fact that pets are not handled the same as a child custody case, the judge cannot grant visitation. Whether or not the party can see the pet will be up to the party that was awarded custody.