One question that often arises as a couple contemplates the end of their marriage is whether family pets can follow their children between households post-divorce. In Pennsylvania, while pets are legally considered property, their role within the family can influence custody arrangements, especially when it involves the well-being of the children.
Legally, pets are classified as property in Pennsylvania. This means that, in the eyes of the law, pets are not treated like children in custody cases. Instead, they are subject to property division rules. However, the emotional bond between pets, children and parents often renders this classification irrelevant for those families who can reach mutually agreeable terms concerning how their pets should be cared for post-divorce.
Key considerations for pets, kids and divorce
Although pets are considered property, legal teams negotiating divorce terms – and courts if a divorce is contentious – can take into account the best interests of the children when determining pet arrangements. If a pet plays a significant role in children’s lives, the court may consider this in its decision-making process. For example, if the children have a strong attachment to the pet and it provides emotional support, the court might look favorably upon arrangements that allow the pet to follow the children between households.
Parents can also negotiate arrangements for their pets outside of court. If both parties agree that the pet should follow the children, they can clarify this agreement in their parenting plan. Practical considerations for this arrangement address how to minimize the stress of frequent moves between households, consistent care routines and other matters that can help to ensure the sustainability of this approach.
If pet arrangements are resolved outside of court, it’s important to document them legally. Parents can outline the pet custody arrangement in their divorce settlement or parenting plan. This documentation can help to ensure that both parties adhere to the agreed-upon terms and can provide a legal basis for enforcement if necessary.