We speak Russian! Мы говорим по-русски.

Who Gets the Dog? Understanding Pet Custody in Florida

When going through a divorce, the painful reality is that you will have to split up all of your belongings. For many things, you can each take a portion of the asset or assign a dollar value to the asset so it can be split up fairly. Pets, however, like children, can’t have a value placed on them. This often makes pets one of the most contentious areas of a divorce, which is why it is so important to understand how the courts will look at your furry family members. Having a family lawyer who understands the importance of pet custody is also going to be critical for getting your desired outcome.

Relevant Case Law

The courts will look at your pets as marital property. This is based on the 1995 case Bennett v. Bennett. In this case, the courts made it clear that they would not be treating pets in the same way as they do children, largely because the Florida system was already overwhelmed with the supervision of custody arrangements.

No Shared Custody

Since the courts look at pets as property, there is no way to legally demand that a shared custody arrangement is made. Any type of shared time with the family pet will have to be agreed upon outside of court. While many couples can come to an agreement on this outside of court, it is often left to the judge to decide who will have the sole ownership of the animal in question.

Pets in Mediation

If you are going through mediation for your divorce, you need to note that the divorce agreement that is reached through mediation has to be something that the courts will sign off on. This means that one of the parties must be listed as receiving sole ownership of the pet (even if there is a separate agreement to share time with the animal).

The Value of Your Pets

Whether in court or in mediation, it may be necessary to determine the value of the pet in question to determine how all marital property will be split up. For example, if your spouse didn’t have a strong attachment to the pets, but you did, you may be able to offer them another marital asset that they strongly desire in exchange for you keeping the pet.

Get Help with This Complex Issue

Choosing what happens to your pets during a divorce can be heart-wrenching. While pets are legally considered property, they are truly members of the family from an emotional perspective. When you work with us, we’ll take this into account when helping you through your divorce. Contact us to schedule a consultation with our experienced Florida divorce lawyers and get the help you need.

About the Author: Helena Y. Farber is an attorney in Aventura, Florida, whose practice is concentrated in the areas of divorce and family law. She can be reached at (305) 520-9205 or via email at hyf@farberlawpa.com.

Disclaimer: The attorney makes this Blog available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Skip to content

Subscribe to our newsletter