What Is a Pet Custody Agreement?

For many families, pets are more than just animals. They’re companions, protectors, and beloved members of the household. So when a couple goes through a divorce, the question of who gets to keep the family dog, cat, or other pet can be emotionally charged and deeply personal. In Florida, however, the law doesn’t always reflect the emotional bond people share with their pets.

If you’re facing divorce and you’re worried about your pet’s future, have a conversation with a Port St. Lucie family law attorney. It’s important to understand how the law views pets and how a pet custody agreement might help.

How Florida Courts Handle Pets During Divorce

Under Florida law, pets are considered personal property, not dependents like children. That means during divorce proceedings, the court treats your pet the same way it would a car, piece of furniture, or other asset.

The pet is awarded to one spouse as part of the property division process. Factors that may influence this decision include:

• Who originally purchased or adopted the pet
• Whose name is on the registration or vet records
• Who primarily cares for the pet
• Any prenuptial or postnuptial agreements

This can be frustrating for pet owners, especially when both spouses have strong emotional ties to the animal. Fortunately, couples can take matters into their own hands with a pet custody agreement.

A pet custody agreement is a private agreement between divorcing spouses that outlines how ownership, visitation, and care of a family pet will be addressed after the separation. Much like a parenting plan for children, this agreement can include who the pet will live with primarily, a visitation schedule, cost-sharing arrangements, and decisions regarding the pet’s future care.

While courts in the Sunshine State do not have formal mechanisms to enforce pet custody like they do with child custody, judges often uphold these agreements if both parties voluntarily entered into them. In some cases, these agreements are included in the divorce settlement.

Why a Pet Custody Agreement Matters

Creating a pet custody agreement gives both parties a voice in a decision that would otherwise be made by the court with little consideration for emotional ties. It also prevents future conflict and ensures that the pet continues to receive consistent care and affection.

Talented and experienced Port St. Lucie family law attorneys understand that pets are family. Your lawyer will work with you to draft a fair, personalized pet custody agreement that prioritizes both your interests and your pet’s well-being. The arrangement you want could be in reach, talk to an attorney to take the first step toward a peaceful resolution, for you and your furry friend.

Who will the family dog and cat be living with when you separate? If you and your spouse are divorcing and share a pet, it’s best to work with a family law attorney who understands both the emotional and legal complexities of these arrangements. Know that everyone on the legal team at Baginski, Brandt & Brandt is available to help. Contact us today.