Who Gets Fido for Christmas This Year? “Pet Custody” Comes to Washington, D.C.

It is often difficult for divorcing couples to decide how to divide their shared pets. In both Maryland and the District of Columbia, pets are viewed under the law as “property” – just another asset to be divided along with the wedding silver. Unlike other property, the value of a pet can be difficult, if not impossible to ascertain.

But settling on the value of the pet is only the first part of the problem. Without an agreement on who will retain which pet, all a judge can do is order them sold and the “proceeds” divided.

As a result, many families agree on who will keep which pets, even when they still cannot agree on how to divide that wedding silver. Imagine a service animal or a hunting dog, with a unique set of skills suited to one of the parties. Families might also agree pets will travel between the parents’ households on the same schedule as the children. Other families may agree that the pets should be adopted out of the family entirely. And parties who have been unable to reach an agreement might be quickly motivated to do so upon learning what could happen if the issue goes to trial.

In an effort to address the current lack of an adequate judicial remedy to resolve the issue of pets in divorce, the D.C. City Council has recently passed a bill that would permit judges to treat pets much in the same way as they treat children in custody cases.

The proposed law permits a party to a divorce to request an order from the court requiring a party to care for a pet during the time the divorce is pending, much like temporary child custody.  At the close of the divorce trial, the court may assign sole or joint ownership of a pet, taking into consideration the best interest of the pet.  If a temporary pet custody order has been entered, the existence of that temporary custody order may not impact the court’s determination on final pet custody.

One notable difference between the proposed best interest analysis for “pet custody” and the best interest of the child analysis in child custody cases is that pet custody can only be heard in the context of a divorce or legal separation. Unlike unmarried individuals who have children and can file for child custody in court, unmarried individuals who share pets and then break up will not be able to take advantage of the pet custody process.

In sum, pets will retain their status as “property” under the new law but enjoy a more thoughtful method for equitable distribution.  And yes, perhaps alternating Christmases will be in order.

The bill is still pending final approval from the Mayor before becoming law.

If you have any questions about custody – pet or child – or anything relating to family law in Maryland or the District of Columbia, please contact attorney Meg Rosan at (301) 656-1177 or mrosan@bulmandunie.com.