Pet Custody

What happens to the family pet when a couple divorces?

Depending on the state, the laws vary on whether or not pets are viewed as property, and therefore subject to equitable distribution mandates. The majority of the states hold that pets are chattel, personal property, and are to be valued as chattel. Specifically, the animals are valued for sale and treated no differently than a chair would be for equitable distribution purposes. North Carolina is no exception to this rule.

It is generally acknowledged that a strong emotional bond exists between children and the family pet. As a result, the pets generally follow the children. However, with an increase of people being married later in life and with a generation living older, the disposition of the pet is complicated.

The best situation is to create a custody and visitation agreement with the animal. These can be as formal as a “parenting agreement” for any child. If the parties are unable to agree to an animal custody agreement, then the animal will be considered part of the marital estate and will be “divided equitably” between the parties.

The minority of states are beginning to recognize that there is a strong emotional bond between people and their pets. As such, the trend may be to have the courts consider the best interest of the pets in conjunction with the emotional impact on its owners.

If you have “children” of a furry, feathery, or four-legged persuasion and are ending a marriage, contact us today for more information on pet custody and visitation and to schedule a consultation with one of our experienced Family Law attorneys.

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Areas We Serve

The attorneys of Hopper Law Firm have practiced law predominantly in Raleigh, North Carolina (Wake County) and the greater Triangle area since 1994. However, depending upon the nature of the case, we often serve clients in the surrounding counties, including: Durham, Chatham, Orange, Johnston, Franklin, Harnett, Guilford, and Cumberland.