What “best interest of the animal” means here
It is not the child custody standard transplanted onto pets. It is narrower, and understanding the difference avoids disappointment.
The court is deciding possession of a companion animal under the Domestic Relations Law. Some decisions award sole possession; others have ordered time-sharing. In Conte v Conte (2023), the court ordered a weekly time-sharing schedule and retained jurisdiction. A shared arrangement is therefore possible, but it is not an automatic entitlement.
Courts have considered the parties’ day-to-day involvement, willingness and ability to provide care, veterinary decisions, home environments, affection for the animal, and caretaking abilities. L.B. v C.C.B. (2022) considers the circumstances together; no single factor controls.
The 2021 statutory best-interest rule governs companion-animal possession in divorce. Earlier cases used a best-for-all-concerned approach; they should not be treated as a substitute for the current statutory rule.
What the standard applies to
The amendment uses the definition in Agriculture & Markets Law §350(5): dogs and cats, and other domesticated animals normally kept in or near the household. Farm animals as defined by that section are excluded. Do not assume every animal described as a working animal falls outside the rule.
What actually helps a case
Evidence about care, not assertions about affection. Both spouses will say they love the animal, and that gets a court nowhere.
What has weight:
- Veterinary records showing who brought the animal in and who paid
- Adoption or purchase records, and microchip registration
- Licensing and insurance
- Evidence of daily care — walking, feeding, training, grooming, boarding arrangements
- Which household has the space, schedule, and stability to keep the animal
- Where the children are, if the animal is bonded to them
Can we agree on shared arrangements?
Yes. Spouses can agree to shared time and include the arrangement in their settlement. Courts have also ordered time-sharing in some cases, including Conte v Conte. A clear agreement gives the parties a chance to address details rather than leave them to litigation.
That agreement should be specific in the way any workable agreement is: who has the animal and when, who pays veterinary costs, who decides on major medical treatment, what happens if one party moves, and what happens if the arrangement stops working. Vagueness here produces the same trouble it produces in a parenting schedule.
See Care Agreements and Divorce.
Read our related Insight, What happens to the family pet when a relationship ends, for the distinction between divorce and unmarried-owner disputes.
Frequently asked questions
Who gets the pet in a divorce in New York?
The court must consider the companion animal’s best interest when awarding possession. Ownership and care history matter, and the outcome may include sole possession or a time-sharing arrangement depending on the case.
Is the best interest standard for pets the same as for children?
No. Companion-animal possession is addressed under the Domestic Relations Law’s animal-specific rule rather than the child-custody framework. Courts may make and enforce orders suited to the particular dispute.
Can we share custody of our dog after divorce?
Spouses can agree to shared time and include it in a settlement. Courts have also ordered time-sharing in some cases, but a shared schedule is not guaranteed.
What if I owned the pet before the marriage?
An animal owned before marriage is generally separate property under Domestic Relations Law §236(B)(1)(d). Bring ownership and care records; classification and possession questions depend on the facts.
What evidence matters most?
Records of care and ownership: veterinary records, adoption paperwork, microchip registration, licensing, and evidence of who handled daily care.
Related: Pet Custody Between Unmarried Owners · Equitable Distribution · back to Pet Law
Written by Dale Riedel, Esq. · Admitted in New York, Bar No. 5837539 · Last reviewed October 6, 2026