Alaska Allows Joint Custody Of Pets

Alaska became the first state to require courts to consider the custody of a pet and to grant joint custody of pets. The law went into effect last January 2017. Typically, in every other state, pets are considered property and are treated differently than children.

Now, in Alaska, courts are to take into consideration the well-being of the animal when deciding which party gets custody of the family pet. The Alaska law also allows the courts to include pets in domestic violence protective orders and requires the owners of pets seized in cruelty or neglect cases to cover the cost of the pet’s shelter.

Similar to child custody decisions, the court is to award custody, either sole custody or joint custody, based on what is best for the pet, not what the owners may believe is best for them.

With more and more married couples having pets but no children, courts are hearing more disputes revolving around the family pet.

The Alaska law is groundbreaking and is vastly different than how New York treats pets. In New York, pets are considered property and like a piece of furniture, there is no basis to decide who gets “custody” of a pet. However, even in New York, most Judges are pet-friendly, and will try to resolve the dispute with negotiation. Oftentimes, if the parents also have children, the pets will usually follow the children. In other words, when the children are with one parent, the pet is with that parent as well. When the children go with the other parent, the pet follows. Many parents find this solution works for the children, themselves and the pet.

It will be interesting to see if New York follows Alaska and decides that pets should be treated not like property but, more like children (which is how many of their owners treat them).

David Badanes and the Badanes Law Office have helped numerous individuals with common-sense solutions to issues involved in divorces. If you need an attorney to represent you in your divorce, call David Badanes and the Badanes Law Office today at 631-239-1702 or email me at david@dbnylaw.com.