What Is A Pet Custody Agreement? The Basics (2026)
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- Pet custody agreements state who will keep the pet after a divorce
- If an agreement is not in place, the court will see the pet as property
- Like other custody agreements, it’s possible to modify the terms
If you’re going through a divorce and you have a pet, one essential document you should consider preparing is a pet custody agreement. But what is a pet custody agreement, and how can it make the process of divorcing or separating easier and less contentious?
Understanding a Pet Custody Agreement
A pet custody agreement is a legally binding contract that establishes who will care for and own a pet if the couple separates or divorces.
It’s a document that states the pet’s primary residence, covers financial responsibilities for vet bills and other expenses, addresses who will make decisions in medical emergencies and outlines visitation rights. It can be prepared before or during the marriage, or it can be written during divorce negotiations.
How Courts Handle Pets Without an Agreement
When dealing with child custody, family court follows the best interests of the child standard. That is not the case when it comes to pets. Pets are seen as property, so the court will have to decide whether the animal is community property or separate property.
The pet would be community property if both parties obtained it together or it was born to a previous pet. It would be separate property if one party gifted it to the other or if it was acquired before the relationship began.
If the pet is seen as community property, the court will consider who would be the most appropriate party to take care of the animal. If there are children in the equation, then the court will consider that, too, since it’s best to keep the pet with them.
What to Include in a Pet Custody Agreement
So what is a pet custody agreement’s most important function? A pet custody agreement should clearly state who has primary custody of the animal and who has legal ownership. It should include a visitation schedule, too, if that is a wish that both parties have.
Outlining financial responsibilities is also helpful, and you might want to include options for dispute resolution if issues arise.
When to Use a Pet Custody Agreement
If you’re finalizing a divorce, there are some vital steps you will need to take, including:
- Review any existing prenuptial agreement that may be in place.
- Complete a pet custody agreement.
- Sign the divorce settlement agreement.
To make the process even easier, consider preparing a pet custody agreement before moving in together or getting married. This document can be used if living arrangements change, too.
Negotiating and Modifying the Agreement
If you haven’t prepared a pet custody agreement before beginning separation or divorce proceedings, you can do so while you negotiate property distribution. You can modify the agreement, too, as long as both parties agree to the changes. Mediation proceedings may help you accomplish this.
The Right Agreement Makes All the Difference
Going through a divorce or separation is stressful enough without the added challenge of not having the right forms. Ensuring your pet custody agreement and other forms are prepared to suit your specific situation can protect your rights and help you through this difficult moment in your life.
