Attorney Andrew Proto of Proto, Sachs & Brown, LLP recently secured a successful outcome in a contested pet custody case in Westchester County Supreme Court. His client retained custody of her cherished dog after an ex-partner falsely claimed ownership and initiated a lawsuit. Following a month-long litigation, the matter was resolved in the client's favor.
How Pet Custody Law Works in New York
The law surrounding pet custody in New York has evolved significantly in recent years. Today, these cases are highly fact-specific, and thorough preparation is essential. Understanding every detail of the case and strategically presenting the right evidence based on your jurisdiction can make all the difference.
Additionally, judges bring their own backgrounds and personal beliefs into pet custody disputes. It’s critical to anticipate a judge’s perspective and adjust the legal strategy accordingly for the best outcome.
10 Key Factors Judges Consider in Pet Custody Disputes
- Who has been the primary caregiver?
- Who is the registered owner of the animal?
- Who typically feeds, walks, and plays with the pet?
- Was the pet given as a gift?
- Who paid for or adopted the animal?
- Did the pet live with one party before the relationship?
- Who has a more pet-friendly living environment?
- Who has a more flexible work schedule?
- Who takes the pet to veterinarian appointments?
- Who has a stronger emotional bond with the pet?
Legal Standards for Pet Custody in New York
1. Ownership Standard
Traditionally, New York courts have treated pets as personal property. In this model, disputes were resolved by determining which party had the superior possessory right—meaning legal ownership was the most important factor.
2. “Best for All Concerned” Standard
Courts—especially in New York County—are increasingly recognizing that pets are cherished family members, not just property. As a result, they often apply a “best for all concerned” approach, which balances traditional ownership rights with the emotional and practical aspects of care, similar to considerations in child custody cases.
3. Best Interest of the Pet
In divorce and separation matters, Domestic Relations Law § 236[B][5][d][15] now requires courts to consider the best interest of the pet. However, this approach has also been applied in non-marital disputes within certain counties, including New York County.
When assessing a pet’s best interest, courts evaluate:
- Future living arrangements and comfort
- Daily care capabilities
- Time spent with the pet
- Financial ability to cover veterinary and day-to-day expenses
- History of providing consistent care
For instance, if one party is moving into a high-rise apartment and the other has a fenced yard, the latter may have an advantage in a custody case involving a large dog.
What Evidence Should You Collect in a Pet Custody Case?
Proof of Ownership:
- Purchase or adoption contract
- Receipts (credit card, canceled checks, ATM withdrawals)
- Microchip registry showing you as the registered owner
- City or county pet license/registration
- Veterinary records, especially vaccination documentation listing you as the owner
Evidence of Primary Care:
- Receipts for pet food, grooming, training, or boarding
- Records of vet visits and health expenses
- Documentation showing your financial contributions (not reimbursed by your partner)
- Photos or messages showing your regular involvement in the pet’s care
Any records showing your daily responsibilities and financial commitment to the pet can strengthen your case significantly.
Why Pet Custody Cases Are So Emotional
Pet custody disputes can be as emotionally challenging as child custody matters. Many pet owners view their animals as family—referring to themselves as a pet's "mom" or "dad." The legal process can be both taxing and complex, making experienced legal guidance essential.
As a lifelong animal lover and owner of four cats, Attorney Andrew Proto understands the depth of the bond between humans and their pets. His experience and compassion help clients protect what matters most.
Speak with a Pet Custody Attorney in Westchester County
If you're involved in a pet custody dispute in White Plains, Cortlandt Manor, or anywhere in Westchester County, contact Proto, Sachs & Brown, LLP for a free initial consultation. Let us help you fight for your pet’s well-being and your rights as a devoted owner.