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Step 1
Be aware that even though you view your pet as a member of the family, the courts don’t share that view. Companion animals are considered property and treated as just another material possession.
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Step 2
Before you take your battle to court, try to talk to your former spouse or partner about who would be a better caretaker for the pet. See if you can overcome your differences and work out an arrangement that includes visitation. There are no specific rules on who should get custody but the most effective way to handle the issue is to work out a fair arrangement and avoid the high emotional and financial costs of going to court. Remember, when you argue nothing gets resolved and everyone gets more upset.
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Step 3
Find an attorney who understands how important your pet is to you and who takes pet custody issues seriously. One option is to find an attorney who is a member of the Animal Legal Defense Fund.
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Step 4
If you take your battle to court, show that you are the best person to care for the pet. You must have time to play with her, exercise her and groom her. Is your home big enough? Do you have a fenced yard? Do you make enough money to buy food and take the pet to the vet? Demonstrate to the court your ability to meet these factors. If you show the pet was yours before the relationship, or if you can show that you have been the primary caretaker of the animal, you are more likely to be awarded possession. Courts often place pets in the same home where the children will live because kids form bonds with their pets. If the children will reside with you, you may have a better chance of getting custody of the pets.
