I am often asked if my client can get custody of their favorite pet. Another common question is if the court can award visitation of their cat or dog. Unfortunately, in Florida, the answer to both of these questions is no. Pets are treated as property in Florida and most states, so one party is awarded ownership of the pets. This is painful for many people who consider their dog or cat a part of the family. I get it. I have a wonderful dog and a brand new cat that I already love dearly.

Beginning January 1, 2019 there are three states that now treat animals as more than property and allow the court to consider the best interest of the pet in awarding them to a party in a divorce. California has now joined Alaska and Illinois in providing custody of the pets. There are exceptions for service animals (they will remain with the person who requires them). These are new laws and there is not a lot of case law applying them.

We don’t know if this is a new trend that will take off in Florida or other states. We also don’t know if this will increase litigation in divorce cases as pet owners spend more time and money to establish the best interest of the pets.

What we do know is that in a Collaborative Divorce, we can already consider the pet as something more than property and help the family develop a plan that will share the pet.