With more American households making pets a member of the family, and with increasing divorce rates, it is inevitable that they may cause a custody battle in the divorce process.

Pets and other animals are considered property in the eyes of the law, meaning that it is the property of the person that bought it. A case in New York set the standard for deciding the best interests of the pet in question, and some couples are even opting to include pet custody in agreement colloquially called pre-pups.

Landmark Case for Pet Ownership

A 2013 New York divorce case set the bar for how the custody of pets will be treated in a divorce. A couple was fighting for the custody of a miniature dachshund that one spouse had bought as a gift for the other spouse.

One spouse bought the pet, but the other spouse financially supported it. While this would have been handled one way as a property dispute, the judge overseeing the case decided to use the same method to determine pet custody as they would for child custody: determining the best action for all concerned.

A never-before-seen one day hearing was set aside for both spouses to answer questions about the care and well-being of the dog. The answers provided began to paint a picture of which owner would best care for the pet.

This created a precedent for other judges not to treat family pets simply as property but as members of the family they belong in. Before this case, there was no standard to address how a pet would be handled in the court.

Using Pre-Pups to Establish Custody

One survey in England revealed that around 20% of couples would find a pet custody battle as stressful as a child custody battle. With a number that high, it is no wonder that ensuring the needs and care of the pet before marriage is becoming more popular.

Pre-pups are the name given to agreements entered into before or after a marriage. They can also detail what will happen to a common family pet in the event of a divorce.

When creating a pre-pup there are some things to keep in mind:

• What concerns are there about the pet?
• How does the pet bond with each family member?
• Who will be responsible for the pet's welfare?
• How will the costs for veterinary bills be handled?
• Which owner will provide the best pet environment?
• How will it be possible for the other owner to see the pet?

While these questions may not be easy to think about, carefully considering the best interest of the pet can help to make sure that pet is not given to one owner or the other, but that both have thought about what the animal needs. Having a pre-pup can create one less thing for a divorcing couple to worry about litigating in a courtroom.