08 Apr Handling Pet Custody During Divorce
For many couples, pets are more than animals, they’re family. That’s why deciding who keeps the dog, cat, or other beloved pet during a divorce can be very emotional. While Texas law doesn’t treat pets the same way as children, there are still ways to handle pet custody fairly and peacefully.
At Navarrette Family Law, we know how important your pet is to you. Here’s what you need to know about pet custody during divorce.
Pets Are Property in Texas Law
In Texas, pets are legally considered personal property. That means during a divorce, they’re treated more like furniture or cars, not like children. This can be hard for pet parents to hear, but it’s important to understand.
Even though pets are “property” under the law, courts understand how special they are. Judges may consider who cares for the pet, who pays for vet visits, and who can provide a stable home.
How to Decide Who Keeps the Pet
The best option is for both spouses to come to an agreement. Here are some questions to ask yourself (and each other):
- Who took primary care of the pet?
- Who paid for food, grooming, and vet bills?
- Who has a schedule that allows time for the pet?
- Is one person moving somewhere that doesn’t allow pets?
If kids are involved, it’s also important to think about how the pet affects them. Sometimes, it makes sense for the pet to follow the child’s custody schedule to keep things consistent.
Pet Custody Agreements
Just like child custody, you and your spouse can create a written agreement for your pet. It might include:
- A set schedule (like weekends or holidays)
- Rules about vet care and expenses
- Agreements on travel or boarding
- What happens if one person can no longer care for the pet
This agreement won’t be legally binding unless it’s part of your divorce order, but it’s still a smart idea to put everything in writing.
What If You Can’t Agree?
If you and your spouse can’t agree on who keeps the pet, the court will decide. Judges often award the pet to the person who can prove they’ve been the primary caretaker. That’s why keeping records of vet visits, receipts, and photos can help support your case.
Pets are family, and deciding what happens to them during a divorce isn’t easy. The best outcomes come from honest conversations and a willingness to put the pet’s needs first.
At Navarrette Family Law, we understand how emotional this decision can be. We’ll help you explore your options and create a plan that protects what, and who matters most.
Need help creating a fair pet custody plan? Contact us today, and let’s make sure your furry family member is cared for every step of the way.