Who Gets the Dog in the Divorce? Examining a Standard for the New York Legislature to Adopt

By Jared Sanders

I.       Introduction

As a newly married couple, a husband surprises his wife on her birthday with an adorable puppy.  Fast-forward two years and the marriage is in disarray.  While the husband is out of town, the wife packs up her belongings, takes the dog, and leaves. Unable to repair the marriage, the wife files for divorce.  The question at trial becomes: who gets custody of the dog?  The husband argues that he should get custody because he bought the dog with his funds.  On the other hand, the wife argues that she should obtain custody because she primarily cared for the dog, and they formed a close bond.[1]  How should the court decide which spouse receives custody of their beloved dog?  What standard should the court apply?

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