Pet Custody in Divorce: What Every Pet Owner Needs to Know
Family running on the beach with their dogs.
Divorce is hard. When pets are involved, it can be even more emotional. For many, deciding who keeps the dog or cat feels just as important as any other part of the separation. While courts may treat pets like property, mediation gives you a real chance to create a plan that puts your pet first.
Remember - This is general information and is not legal advice - if you need help for your situation, please give us a call.
Understanding Pet Custody Laws
In Washington State, pets are legally considered property. Courts do not weigh emotional bonds, care routines, or the pet’s best interest the way they do for children.
That doesn’t mean you’re out of options. While the law may not offer pet custody protections, mediation does. You and your former partner can choose to treat your pet like more than a piece of furniture—and put their well-being first.
Factors Influencing Pet Custody Decisions (in Mediation)
In mediation, both parties can raise concerns that courts won’t consider. These factors may include:
Who takes care of the pet day-to-day
Work schedules and time spent at home
Home environment and outdoor access
Emotional bonds, especially with kids
Financial ability to provide care
You don’t need to follow the court’s narrow definition. Mediation gives you space to design a custody plan based on your pet’s real needs.
The Role of Mediation in Pet Custody
Unlike court, mediation is private and collaborative. The goal isn’t to “win”—it’s to reach an agreement that feels fair and sustainable.
You stay in control of the outcome. Mediators help you talk through your concerns, find common ground, and create a plan that works for both parties—and your pet.
Common Mediation Strategies for Pet Custody
Here are a few custody approaches that often work in mediation:
Primary caregiver arrangement: One party keeps the pet, but the other can visit.
Shared time: Alternate weeks or weekends, depending on schedules.
Split ownership: Each person takes responsibility for one pet if there are multiple.
Following the kids: Pets stay wherever the children are, keeping that bond intact.
Whatever you choose, be specific. A vague agreement will lead to stress and misunderstandings.
Creating a Fair Custody Agreement
Even if it’s not legally enforceable in the same way as child custody, writing down your pet agreement matters. Include:
Pick-up and drop-off plans
Emergency vet care rules
Cost sharing
What happens during vacations or moves
Consider signing a mediation agreement (in Washington), which makes your agreement official and enforceable.
Emotional Considerations for Pet Owners
Pets aren’t property in your heart. They’re family. So it's natural to feel overwhelmed, sad, or protective during this process.
Don’t let emotions turn into conflict. Instead, let them guide your priorities. The goal is stability and love for the pet—not just control.
Finding a Balanced Solution
You won’t find the right answer in a courtroom. But you can find it around a mediation table. With a thoughtful plan and a bit of give-and-take, you can protect your pet from the fallout of divorce—and protect your peace of mind too.
Want help designing a plan that keeps your pet’s needs front and center? Ask about planning checklists when you call us today!