“BEST INTERESTS” STANDARDS APPLY TO REX & FIDO AS WELL: NEW YORK ADOPTS NEW RULES FOR COMPANION ANIMALS AND PETS IN DIVORCE PROCEEDINGS
New York has just joined a minority of other states in providing similar protections for pets as it does for children in divorce proceedings as Governor Kathy Hochul has signed the bill in to law. In a normal divorce proceeding, if there is a dispute about custody of a minor child between the parents and no agreement can be reached, the Judge weighs in and makes findings with respect to whom the child is to live with using whatever is in the best interests of the child as a standard for making this decision. This has now been expanded to involve pets who have previously been treated just like personal property with no regard to what is in their best interests. The Court can now be called upon to make a determination of the well-being of companion animals in a custody matter. This analysis about whether the cat or dog goes with what person can include consideration of which of the divorced pet parent has spent the most time caring for the animal, taken the companion animal to the veterinarian, to whom the best is most bonded, and who spent the most time with the animal.
This is a significant change to how these matters have been treated previously, and those involved in a divorce proceeding should understand while they may have anticipated a custody battle over their children, they may now also face one when it comes to their pets.
If you know someone who is in the midst of a divorce proceeding or contemplating divorce, please don’t hesitate to have them contact our office. We are experienced in these matters and can assist as we continue to remain up-to-date on the ins and outs of divorce proceedings, such as this new statute discussed here.
