New ‘petnup’ rules allow New York divorce judges to decide who is best pet parent

New York: It is an all-too-familiar scene that plays out in divorce courts: a row over who gets custody of the children.

Now New York state is poised to pass a bill allowing judges to rule on the custody of pets in a break-up, considering the “best interests” of the animal.

New petnup laws aim to answer the thorny question of who gains custody of pets if a couple separates. Credit: AP

The new law would recognise what is known as a “petnup” – an add-on to the traditional prenuptial agreement many couples enter into before marriage.

“Pet custody and ownership cases have always been hotly contested,” New York divorce lawyer Adam Citron said. “A judge will now apply a best interest standard, which is what is in the best interest of the pet and the parties.

“This will treat pets more like how a court looks at children when determining custody. The law solidifies that the pet will no longer simply be treated like an innate object such as dinner china.”

The decision may have been helped on by a number of high-profile celebrity disputes, including the one between divorced actors Jennifer Aniston and Justin Theroux over their four dogs.

Pet ownership in the US has climbed consistently over the years, with 68 per cent of Americans having a dog, cat or other animal at home. However, around 40-50 per cent of marriages in the US now end in divorce: a quarter of which feature legal battles over pets.

A couple walks their dog in Los Angeles. In the eyes of the law, pets are property when it comes to divorce. Credit: AP

If the pet was acquired before the marriage it is considered the separate property of the person who acquired it, regardless of whether the other party is the primary caregiver or is more strongly bonded to the animal.

Experts say the issue is particularly thorny for the growing number of younger people who are choosing pets before, or instead of, children. “So many millennials are just having animals,” said relationship expert Lori Zaslow. “Those things need to be established before getting married like anything else. I mean, an animal has a heartbeat.”

In the past four years a number of US states have adopted legislation enshrining pets’ rights. Illinois and Alaska have passed laws that allow judges to formally consider the pet’s well-being over the wishes of the couple in awarding custody, including the ability to grant shared custody.

In some cases they have ruled that pet parents are entitled to visitation rights and a say over medical treatment.

Amy from Chicago said: “We have a German Shepherd and I was the one that trained her and was worried my ex wouldn’t be able to control her. Luckily the judge understood the breed and took into consideration what was best for her.

“I was awarded custody. My ex didn’t fight it, but it was sad for him to accept.”

While some mediators work to settle disputes through joint custody, others say this is not always best for the animal, particularly dogs.

Karis Nafte, an animal behaviourist, said going between two homes could be far more stressful for a dog than living full-time with one owner and can lead to behavioural problems.

The Telegraph, London