Pet Custody in Divorce: Should You Include a Pet Parenting Plan?

Dividing property in a divorce can be difficult. But when that “property” has fur, a heartbeat, and a name your children yell every morning, things get personal. At Resurgens Legal Counsel, LLC, we’re increasingly seeing clients wrestle not just over houses and cars, but over the family dog, cat, or even lizard or bird. That’s where the concept of a “pet parenting plan” comes into play.

How Georgia Law Treats Pets in Divorce

In Georgia, as in many states, pets are legally treated as personal property, not as children or dependents. That means there’s no legal right to “custody” or visitation in the same way there is with children. A court will typically award ownership of the pet to one spouse based on property division principles, not necessarily the pet’s best interests.

However, many divorcing couples don’t view pets as mere property. They see them as part of the family, and they want to create a shared arrangement that reflects that reality.

What Is a Pet Parenting Plan?

A pet parenting plan or custody agreement is a written agreement between divorcing spouses that outlines how care, time-sharing, and financial responsibilities for a pet will be handled after the divorce. These plans are not legally required, but they can be extremely helpful in:

  • Reducing future disputes

  • Providing stability for the pet

  • Clarifying ownership of pet-related expenses

While not necessarily appropriate in every case, a pet custody agreement might be appropriate if you and your spouse want to work together to jointly care for the pet(s) after the divorce is over. Although the law would require the court to award the pet to one party or the other as property, the parties can agree otherwise and enter an arrangement where they share responsibilities after the divorce.

We would only recommend these in situations where the parties demonstrate an ability and eagerness to work together post-divorce, but in those cases, such an outcome may be best for the pet.

Common Elements of a Pet Parenting Plan

Every situation is unique, but a thorough pet parenting plan might address:

  • Primary residence: Where the pet will live the majority of the time

  • Visitation schedules: Whether the non-custodial spouse will have time with the pet (and how often)

  • Veterinary care: Who makes medical decisions and how costs are shared

  • Emergency procedures: What happens if the pet needs urgent care or one party is unavailable

  • Travel & relocation: How moves or vacations will impact the arrangement

  • End-of-life decisions: Who has final say if difficult choices must be made

Are Pet Custody Agreements Enforceable?

Because pets are treated as property, Georgia courts are not obligated to enforce visitation or shared custody schedules for animals. However, if your pet parenting plan is incorporated into your final divorce decree or settlement agreement, it may be enforceable as a court order or as a contractual obligation between contracting parties. This is why it’s crucial to work with an attorney who understands both the emotional and legal dimensions of these agreements.

When a Pet Parenting Plan Makes Sense

Not every divorce needs a pet parenting plan. But it’s worth considering if:

  • You and your spouse both have strong emotional ties to the pet

  • Your children are bonded to the pet, and transitions could affect them

  • You anticipate future disagreements over pet-related decisions

  • You're open to a cooperative post-divorce relationship and you and your spouse are capable of working together cooperatively to share and care for the pet

Compassionate, Clear-Cut Guidance

At Resurgens Legal Counsel, LLC, we understand that pets are family and that divorces involving beloved animals require careful legal and emotional consideration. If you’re navigating a divorce and unsure how to handle the pet question, Resurgens Legal Counsel can help you create a plan that protects everyone involved, furry companions included. Contact us today to schedule a consultation.

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