Who Gets the Pet? Landmark Pet Custody Probate Court Decisions

When a loved one passes away, our furry family members sometimes get caught up in the drama. These landmark pet custody probate court cases are great examples of how to WIN.

Since June 11, 2024 when Jacob died, I have been trying to get Corduroy back.  Despite already agreeing to return her to me, his sister and family have chosen to ignore her well-being and fight me in probate court... using Jacob's own money. 

Determining the best home for a beloved animal often goes beyond legal ownership—it’s about ensuring the pet continues to enjoy the lifestyle they were accustomed to. Here’s what you need to know about navigating animal custody laws in the U.S. probate court system.

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What Are Pet Custody Probate Court Laws?

Animal custody cases in probate court typically arise when a deceased person did not specify in their will who should care for their pet. In these cases, the court determines custody based on what is best for the animal, rather than treating them as simple property.

Courts often weigh factors like:

• The decedent’s intentions (if documented in wills, trusts, or informal notes).
• The ability of potential caregivers to meet the pet’s needs.
• The pet’s established routine and lifestyle.

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Factors That Influence Pet Custody Probate Court Decisions

If you find yourself in a legal dispute over a pet’s custody, it’s important to understand what courts consider:

1. The Pet’s Best Interests:
   Courts prioritize the welfare of the animal. They assess factors such as:

   • The stability of the potential caregiver’s home.
   • Whether the caregiver has the financial means to care for the pet.
   • The caregiver’s history with the pet (e.g., time spent together, training provided).

2. The Decedent’s Wishes:
   If the deceased left a will or trust outlining their pet’s care, courts will likely follow those instructions. However, informal evidence like text messages, emails, or notes can also be persuasive.

3. Lifestyle Compatibility:
   Judges may evaluate whether the potential caregiver can maintain the lifestyle the pet was accustomed to, such as regular walks, special diets, or daily companionship.

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Notable Precedent: Who Gets the Pet?

Some landmark cases illustrate how courts decide pet custody based on the animal’s accustomed lifestyle:

1. Raymond v. Lachmann (1999):
   In this New York case, a judge awarded custody of a cat named Lovey to a neighbor rather than the original owner. The neighbor demonstrated that they could provide the environment Lovey had grown accustomed to, including care and attention the original owner could not guarantee.

2. Houseman v. Dare (2009):
   In a New Jersey case involving a breakup, the court considered the emotional bond and stability the pet had with one party. The partner who demonstrated ongoing care and attachment was awarded custody.

These cases emphasize that the ability to provide consistent, loving care can outweigh strict legal ownership.

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Tips for Navigating Probate Pet Custody Disputes

If you’re facing a probate dispute over an animal, these tips can help you make your case:

• Document Your Relationship with the Pet:
  Provide photos, vet records, and testimony from friends or neighbors that demonstrate your bond with the animal.

• Prove Your Ability to Provide Care:
  Show that you can maintain the pet’s established routine, including housing, diet, exercise, and medical care.

• Gather Evidence of the Decedent’s Wishes:
  Look for informal evidence, such as conversations, text messages, or notes, that reflect what the deceased would have wanted for their pet.

• Seek Legal Advice:
  An experienced probate attorney can help you navigate the legal complexities and present a compelling case in court.

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Preventing Pet Custody Disputes

To avoid disputes over pet custody in the future, consider these proactive steps:

• Create a Pet Trust:
  A pet trust is a legal arrangement that outlines care instructions and allocates funds for your pet after your passing.

• Include Pet Care Instructions in Your Will:
  Clearly name a caregiver and specify your wishes for your pet’s care.

• Discuss Plans with Loved Ones:
  Communicate your intentions for your pet’s care with trusted family members and friends.

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Key Takeaway

Animal custody disputes in probate court are often emotional and complex, but the ultimate goal is to ensure the pet’s well-being. Demonstrating your ability to provide a stable, loving environment can make all the difference in winning custody.

For more information about pet care and related legal matters, browse our blog for additional tips and resources!