As courts and legislation increasingly recognize that pets are beloved family members rather than mere property, shared pet custody arrangements have become more common in divorce settlements. A shared pet custody agreement—sometimes called a pet co-parenting arrangement or pet visitation agreement—allows both former spouses to maintain active relationships with their animals after separation. However, creating a workable shared custody arrangement requires careful planning, clear documentation, and understanding of the legal requirements that vary significantly by state. This comprehensive guide explains what shared pet custody arrangements are, the legal framework governing them, practical requirements for making them succeed, and the specific standards different states have established.

What Is a Shared Pet Custody Agreement?

A shared pet custody agreement is a formal written document signed by both pet owners that outlines the specific arrangements for sharing custody of a pet following a separation or divorce. Unlike child custody agreements, which courts have extensively regulated with detailed statutory frameworks, pet custody agreements occupy a middle ground—they are increasingly recognized as important documents, but they exist in a legal gray zone in many jurisdictions.

In states without specific pet custody legislation, shared pet custody agreements are not legally binding contracts that courts can enforce in the traditional sense. However, they still serve critical purposes. They create a written record of the parties’ mutual understanding regarding pet care, making clear what arrangements both parties agreed to. If disputes arise, these agreements can be presented as evidence in court demonstrating that the parties had a mutual written understanding about joint ownership and shared responsibility for the pet.

In states with pet custody legislation—particularly California, Illinois, and Alaska—shared pet custody agreements carry greater legal weight. Courts in these states can incorporate the parties’ agreed pet custody arrangements into divorce decrees, making them enforceable court orders rather than merely advisory documents.

Legal Status of Shared Pet Custody Agreements by State

The enforceability and legal weight given to shared pet custody agreements varies dramatically by state. Understanding your state’s legal framework is essential before investing time and energy in negotiating detailed custody arrangements.

States with Best Interest of the Pet Standards: In California, Illinois, Alaska, and New Hampshire, shared pet custody agreements are given substantial legal recognition. These states’ statutes explicitly allow courts to award joint ownership and responsibility for companion animals. In these jurisdictions, a well-crafted shared pet custody agreement will almost certainly be incorporated into the divorce decree, becoming a binding order. Courts in these states recognize that shared custody can work when both parties prioritize the pet’s welfare and are willing to cooperate.

Under California Family Code § 1602 (amended by AB 2274), courts are authorized to allocate sole or joint ownership and responsibility for companion animals, taking the care of the animal into consideration. This statutory authority allows judges to honor shared custody agreements as part of the final divorce order.

Under the Illinois Marriage and Dissolution of Marriage Act Section 503(j)(6)(n), courts “shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties” while taking “into consideration the well-being of the companion animal”. This mandatory language (“shall”) gives shared custody arrangements substantial enforceability in Illinois divorces.

States Treating Pets as Property: In states like Texas, Florida, New York, and the majority of jurisdictions, shared pet custody agreements are not formally recognized by statute. However, they still serve important purposes and may receive court consideration as evidence of the parties’ intent. While these agreements are not legally binding in the traditional sense, courts may view them favorably when deciding custody disputes. A clear, written agreement demonstrating both parties’ commitment to the pet’s welfare and shared care can influence judicial decisions, even in property-based jurisdictions.

In these states, couples should view shared pet custody agreements as important contractual arrangements between themselves, even if courts cannot directly enforce them through traditional legal mechanisms. The agreements create mutual obligations and clarify expectations, which can prevent disputes requiring costly litigation.

Hybrid Approaches: Some states fall between these extremes. New Hampshire and a handful of other jurisdictions are beginning to recognize the importance of shared pet custody arrangements without having fully developed statutory frameworks. Attorneys in these states should research current judicial trends and case law to understand how courts in their particular locality approach shared pet custody agreements.

Essential Components of a Shared Pet Custody Agreement

egardless of your state’s legal framework, a well-drafted shared pet custody agreement should include specific provisions addressing the practical realities of sharing a pet’s care and custody. The following sections should be included:

1. Identification of the Pet

The agreement should clearly identify which pet(s) are covered by the arrangement. Include:

– Pet’s name
– Species and breed (e.g., “Golden Retriever”, “Domestic Shorthair Cat”, “Cockatiel”)
– Age or date of birth if known
– Physical description including distinctive markings or characteristics
– Microchip number and registration information
– Veterinary records reference

This detailed identification prevents disputes about which animals are subject to the agreement. If the parties own multiple pets, the agreement should specifically identify which pets are subject to shared custody and which, if any, go to individual spouses.

Example language: “The parties agree that this Pet Custody Agreement applies to the following companion animal: A five-year-old Golden Retriever named ‘Maxwell,’ microchip number [XXXXX], with a distinctive white blaze on his chest and weighing approximately 70 pounds”.

2. Custody and Living Arrangements

The agreement must specify where the pet will live and how time will be divided between the parties:

• Will one party have primary custody with the other having visitation?
• Will the pet split time equally between households?
• Will custody alternate weekly, monthly, or on another schedule?

Specificity is crucial. Rather than vague language like “the parties will share custody”. the agreement should state: “The Pet shall reside with [Party A] during the following periods: Monday through Thursday of each week and alternate weekends beginning the first Friday of each month. The Pet shall reside with [Party B] during the following periods: Friday through Sunday of each week and alternate weekends beginning the third Friday of each month”.

The agreement should also address what happens during holidays, school breaks (if the pet has emotional significance to children), and special occasions. Does one party have the pet during Christmas and the other during Thanksgiving? Does the schedule change during summer months?

Alternative Schedule Example: “The parties may mutually agree on the following shared custody schedule:

• Party A: Monday through Wednesday of each week, and the first and third weekends of each month
• Party B: Thursday through Sunday of each week, and the second and fourth weekends of each month
• Holiday Allocation: Party A shall have the Pet during Thanksgiving, Christmas Eve, and the Pet’s birthday. Party B shall have the Pet during New Year’s, Easter, and Fourth of July. Parties shall alternate these holidays annually starting with Party A in Year 1″.

3. Transition and Exchange Procedures

The agreement should detail how the pet will be physically transferred between homes:

• Who is responsible for dropping off and picking up the pet?
• Where will exchanges occur (at one home, a neutral location, etc.)?
• What time will exchanges occur?
• Who is responsible if one party does not comply with pickup/drop-off obligations?

Detailed exchange procedures prevent disputes and ensure the pet’s stress is minimized during transitions. For example: “Party A shall deliver the Pet to Party B’s residence at 5:00 p.m. on Thursday of each week. If Party A is unable to deliver the Pet by that time, Party B must pick up the Pet by 7:00 p.m. the same day. If neither party retrieves or delivers the Pet by the specified time, the party with custody of the Pet shall notify the other party by phone within 30 minutes”.

Exchange Guidelines:
“Each party shall ensure the Pet is clean, well-fed, and in good health at the time of exchange. Each party shall provide written notice within 24 hours if the Pet exhibits any unusual symptoms, behavioral changes, or health concerns that occurred during their custody period. Exchanges shall be peaceful, brief, and conducted in a professional manner respectful of the other party’s parenting role with the Pet”.

4. Financial Responsibility

Clear allocation of pet-related expenses is essential to preventing disputes:

• Who pays for food and routine supplies?
• Who pays for veterinary care, including preventive visits and emergency treatment?
• Who pays for pet insurance and health costs?
• Who pays for grooming and other regular care?
• How are unexpected veterinary costs managed?

The agreement might specify that each party pays for the pet’s food and supplies when the pet is in their custody, but both parties split major veterinary expenses equally. Alternatively, the parties might agree that the party with primary custody (if there is one) bears all expenses, with the other party paying a monthly contribution to offset costs.

Detailed Financial Example:
“The parties agree to the following allocation of Pet expenses:

a) Routine Expenses: Each party shall pay for food, treats, and supplies while the Pet is in their custody. If purchased jointly, costs shall be split equally and documented with receipts.

b) Veterinary Care: All routine veterinary care, including preventive visits, vaccinations, and dental care, shall be split 50/50 between the parties, with receipts provided within 14 days of appointment.

c) Emergency Veterinary Care: Emergency veterinary treatment exceeding $500 shall require notification to the other party within 24 hours if possible. Costs exceeding $1,000 shall be split 50/50 unless one party has previously agreed in writing to bear all costs.

d) Pet Insurance: Party A shall maintain Pet insurance coverage and shall add Party B to the policy as a secondary contact. Party A shall pay 60% of premiums; Party B shall pay 40%.

e) Medication and Supplements: Medications and supplements shall be split 50/50, with receipts provided to the other party”.

5. Healthcare and Veterinary Decision-Making

The agreement should address who has authority to make decisions about the pet’s healthcare:

• Is there a primary veterinarian both parties will use?
• Who makes routine healthcare decisions such as scheduling appointments?
• For major decisions (surgery, medication for chronic conditions, end-of-life decisions), must both parties consent, or can the custodial party decide unilaterally?
• Will both parties receive copies of veterinary records and treatment summaries?
• Who attends veterinary appointments?

Healthcare decision-making authority is critically important. For example: “Major veterinary decisions, including but not limited to surgery, chronic disease medication, and end-of-life decisions, require mutual written consent of both parties. Routine healthcare decisions such as scheduling preventive visits, obtaining vaccinations, and treating minor acute conditions may be made by the party with custody of the Pet at that time, provided that party notifies the other party within 48 hours of the decision and provides copies of relevant veterinary records”.

Comprehensive Healthcare Provision:

a) Primary Veterinarian: The parties agree that [Veterinary Clinic Name] shall be the Pet’s primary veterinary provider. Both parties shall have the right to authorize emergency care if the other party is unavailable.

b) Routine Care: The party with current custody may authorize routine veterinary care including preventive visits, vaccinations, nail trims, and minor acute care without requiring advance consent from the other party, provided notification occurs within 48 hours.

c) Major Decisions: The following decisions require mutual written consent: surgery (except emergency life-saving procedures), chronic disease medication changes, specialized treatments, behavioral medications, or end-of-life decisions. If parties cannot agree on major decisions, either party may request mediation or court intervention.

d) Medical Records: Both parties shall receive copies of all veterinary records within 14 days of any veterinary visit or treatment. Both parties shall be listed as authorized contacts with the veterinary clinic.

e) Emergency Authorization: Either party may authorize emergency veterinary care if the Pet’s life is in danger and the other party is unavailable. The authorizing party shall notify the other party as soon as possible.”

6. Vaccination and Legal Compliance

The agreement should address responsibility for maintaining required vaccinations and legal compliance:

• Responsibility for keeping rabies vaccinations current
• Responsibility for obtaining required licenses and permits
• Responsibility for maintaining current microchip registration with updated contact information
• Whose name appears on microchip registration (recommend: both parents’ contact information)

These provisions prevent one party from neglecting legal requirements or using vaccination status as leverage in disputes.

Legal Compliance Example:

“The parties agree to the following responsibilities for maintaining the Pet’s legal compliance:

a) Rabies Vaccination: Both parties shall ensure the Pet’s rabies vaccination remains current. The party with primary veterinary responsibility shall schedule booster vaccinations annually and notify the other party of upcoming appointments.

b) Microchip Registration: The Pet’s microchip shall be registered with both Party A’s and Party B’s contact information as primary and secondary contacts. Neither party shall remove or change the other party’s contact information from the microchip registration without written consent.

c) License and Permits: The party with primary custody shall maintain the Pet’s dog license and any required permits, with costs split 50/50.

d) Health Certificates: Either party may request a health certificate from the veterinarian if needed for travel or other purposes, with costs borne by the requesting party”.

7. Communication and Dispute Resolution

If the parties’ divorce was contentious, the agreement should address how pet-related communications will occur:

• Will the parties communicate directly about pet care, or through a third party?
• Can an app like Our Family Wizard be used for all pet-related communications?
• What happens if one party believes the other is not following the agreement?
• Is mediation required before court intervention?

For example: “All communications regarding the Pet shall occur through email or the ‘Our Family Wizard’ app, with both parties copying each other on all messages. Direct phone calls regarding the Pet shall be limited to genuine emergencies. If either party believes the other is not complying with this Agreement, they shall first attempt informal resolution through written communication, and if unsuccessful within 10 days, either party may request mediation before pursuing court remedies”.

Communication Protocol Example:

a) Method of Communication: All non-emergency Pet-related communications shall occur via email or the co-parenting app ‘Our Family Wizard,’ with both parties copying each other on all messages. This creates a written record and reduces direct conflict.

b) Emergency Communication: Phone calls or text messages may be used only for genuine emergencies (Pet injury, illness, escape, or veterinary emergencies requiring immediate action).

c) Response Time: Non-emergency communications shall receive a response within 24 business hours. Failure to respond shall not delay emergency decision-making.

d) Tone and Content: All communications shall be professional, respectful, and focused on the Pet’s welfare. Communications shall not include personal attacks, blame, or unrelated divorce issues.

e) Dispute Resolution: If either party believes the other is violating this agreement, they shall:

1. Send a detailed written notice outlining the specific violation(s)
2. Attempt resolution within 10 days through good-faith negotiation
3. If unresolved, either party may request non-binding mediation
4. If mediation fails, either party may petition the court for enforcement”

8. Contingency Plans

The agreement should address what happens if either party becomes unable to care for the pet:

• If one party becomes ill, dies, or otherwise cannot care for the pet, does custody automatically transfer to the other party?
• Are backup caregivers (such as family members) designated?
• If neither party can care for the pet, who decides placement options?
• Can either party unilaterally place the pet in a shelter or rehome it without the other’s consent?

Contingency Provision Example:

a) Incapacity or Death of One Party: If either party becomes unable to care for the Pet due to illness, injury, or death, the following shall apply:

• If Party A dies or becomes incapacitated, temporary custody immediately transfers to Party B
• If Party B dies or becomes incapacitated, temporary custody immediately transfers to Party A
• The non-incapacitated party shall continue permanent custody unless the incapacitated party recovers

b) Backup Caregivers: If both parties become unable to care for the Pet simultaneously, designated backup caregivers shall assume custody in the following order:

• Party A’s designated backup caregiver: [Name, relationship, contact info]
• Party B’s designated backup caregiver: [Name, relationship, contact info]

c) No Unilateral Shelter Placement: Neither party may place the Pet in a shelter, euthanize the Pet, or rehome the Pet without written consent of the other party, except in genuine emergency situations where the Pet’s health or safety is immediately threatened.

d) Rehoming Decisions: If both parties agree the Pet cannot be adequately cared for, both parties shall work together to identify an appropriate permanent home. Decisions about rehoming require mutual written consent.”

9. Modification Procedures

The agreement should specify how the arrangement can be modified:

• May the agreement be modified by mutual written consent?
• Can either party unilaterally modify the arrangement, or is modification by mutual agreement required?
• If one party proposes modification, what is the process for negotiating changes?

Modification Example:

a) Modification by Mutual Consent: This Agreement may be modified at any time by mutual written consent of both parties. All modifications shall be signed by both parties and retained as addendums to this original agreement.

b) Unilateral Modification Request: If one party believes circumstances have changed sufficiently to warrant modification (relocation, job change, Pet’s health changes, etc.), that party may submit a written modification request outlining:

• The specific changes requested
• Reasons for the requested changes
• How the changes serve the Pet’s best interests

c) Good-Faith Negotiation: The requesting party and responding party shall engage in good-faith negotiation for 30 days. During this period, the current schedule remains in effect.

d) Mediation: If the parties cannot agree on modification within 30 days, either party may request mediation before seeking court intervention.

e) Court Modification: Either party may petition the court to modify this agreement if circumstances have substantially changed or if one party is materially breaching the agreement”.

State-Specific Requirements for Shared Pet Custody Agreements

California

In California, shared pet custody agreements should be incorporated into the divorce decree or settlement agreement. Under California Family Code § 1602, courts are authorized to order joint ownership and responsibility for companion animals. When parties propose a shared custody arrangement as part of their settlement, California courts will generally approve the arrangement if it appears to serve the pet’s best interests.

California courts specifically recognize “shared custody” as a valid custody arrangement for pets. This means that unlike some states where shared custody is merely a private agreement between parties, California formally recognizes and can enforce shared pet custody orders.

California-Specific Language:

“This Shared Pet Custody Agreement is executed pursuant to California Family Code § 1602 and shall be incorporated as an order of this court. The court finds that this shared custody arrangement serves the best interests of the companion animal and that both parties have demonstrated sufficient commitment to the Pet’s welfare to warrant joint custody”.

Illinois

Under the Illinois Marriage and Dissolution of Marriage Act Section 503(j)(6)(n), if the court finds a companion animal is marital property, it “shall allocate the sole or joint ownership of and responsibility for a companion animal of the parties”. This mandatory language (“shall”) gives Illinois courts explicit authority to order joint ownership.

However, the statute excludes service animals defined by Section 2.01c of the Illinois Humane Care for Animals Act—animals trained to meet the needs of people with disabilities—from the joint custody provisions. The statute also applies only to companion animals that are marital assets, not to pets owned by one spouse before the marriage.

Illinois courts will incorporate shared pet custody arrangements into divorce decrees if both parties agree to the arrangement.

Illinois-Specific Language:

“This Shared Pet Custody Agreement is executed pursuant to the Illinois Marriage and Dissolution of Marriage Act § 503(j)(6)(n) and represents the parties’ mutual allocation of ownership and responsibility for the companion animal. The court finds that both parties have adequate capacity and commitment to provide for the Pet’s well-being and that this shared custody arrangement is in the Pet’s best interests”.

Alaska

Alaska was the first state to enact pet custody legislation in 2016. Under Alaska’s statute (Chapter 60 of the 2016 Alaska session laws), courts are empowered to award shared custody of pets. This pioneering legislation explicitly recognized that pets deserve consideration as dependent family members, not mere property.

Alaska courts will recognize and enforce shared pet custody arrangements incorporated into divorce orders.

Alaska-Specific Language:

“This Shared Pet Custody Agreement is executed pursuant to Alaska’s groundbreaking 2016 pet custody legislation and represents the parties’ joint commitment to sharing custody and responsibility for the companion animal. The court recognizes that shared custody serves the Pet’s best interests by maintaining the Pet’s relationships with both parties.”

New Hampshire

New Hampshire followed the other three states in 2019 by enacting pet custody legislation. Like the other progressive states, New Hampshire now allows courts to consider the best interests of pets in custody determinations and recognize shared custody arrangements.

New Hampshire courts will incorporate shared pet custody arrangements into divorce decrees as binding orders.

Other States

In states without specific pet custody legislation, shared pet custody agreements should still be included in settlement agreements and divorce decrees, even though they are not directly enforceable as court orders. Courts in these jurisdictions will recognize the agreement as evidence of the parties’ intent and may reference it in resolving disputes about pet care.

Attorneys in states without pet custody legislation should draft shared pet custody agreements as contractual obligations between parties, using clear language specifying the parties’ mutual obligations. For example: “Party A and Party B agree to share custody of the Pet on the schedule specified above. Each party agrees to comply with the following responsibilities and to cooperate in implementing the shared custody arrangement. If either party fails to comply, the other party may pursue breach of contract remedies and may petition the court for custody modification”.

Model Provision for Property-Based States:

“While the laws of [State] classify companion animals as personal property, Party A and Party B recognize that their Pet [Name] is a family member deserving of special care and consideration. This Agreement represents a binding contractual commitment between the parties to share custody and responsibility for the Pet in a manner that prioritizes the Pet’s welfare and emotional needs. The parties acknowledge that violation of this Agreement may result in breach of contract liability and may support a petition to the court for custody modification”.

Making Shared Pet Custody Arrangements Work: Practical Strategies

Even with excellent legal documentation, shared pet custody arrangements succeed only when both parties prioritize the pet’s welfare and are willing to cooperate. The following strategies maximize the likelihood of success:

Maintain Consistent Routines and Environments

Pets thrive on consistent routines. Establishing standardized feeding times, exercise routines, and sleeping arrangements in both homes helps pets adjust to the shared custody arrangement. If possible, try to maintain similar bedtimes, feeding schedules, and exercise patterns in both households.

Practical Tips:

• Use the same brands of pet food in both homes for digestive consistency
• Maintain similar sleeping locations and bedding styles
• Keep exercise schedules consistent (e.g., morning walk at 7 a.m. in both homes)
• Use similar commands and training methods
• Schedule activities at similar times in both homes

Provide the Pet with Essentials in Both Homes

Keeping duplicate supplies in both homes minimizes the need for transporting the pet with belongings. Each home should have its own food and water bowls, bed, toys, and medical supplies. This reduces logistical complexity around pickups and drop-offs.[1]

Supplies Checklist for Each Home:

• Food and water bowls
• Pet bed or blanket
• Food (same brand used at other home)
• Medications (with backup supply)
• First-aid supplies
• Favorite toys
• Grooming supplies
• Waste bags (for dogs)
• Litter box and litter (for cats)

Maintain Clear Communication

Regular communication between parties about the pet’s health, behavioral changes, and general well-being is essential. Many successful co-parenting arrangements include brief weekly check-ins where each party reports on the pet’s activities and any noteworthy developments.[1]

Communication Best Practices:

• Weekly brief updates on the pet’s health and behavior
• Immediate notification of any health changes or unusual symptoms
• Sharing of veterinary appointment summaries
• Photos and videos to maintain connection during the other parent’s custody period
• Celebratory communications on the pet’s birthday or adoption anniversary

Use Technology to Facilitate Communication

Apps designed for co-parenting of children, such as Our Family Wizard, work equally well for pet co-parenting. These apps create a shared calendar, allow easy exchange of photos and updates, and create a written record of all communication.[1]

Recommended Apps and Tools:

• Our Family Wizard: Shared calendar, expense tracking, messaging
• Google Calendar: Shared custody schedule with reminders
• Google Photos: Shared album for pet photos and videos
• Venmo or PayPal: Easy expense splitting for veterinary bills
• Dropbox or Google Drive: Shared storage for veterinary records

Prepare for the Emotional Complexity

Shared pet custody arrangements can trigger emotional challenges because the pet becomes a symbol of the relationship that has ended. Both parties must consciously choose to prioritize the pet’s welfare over their own emotional needs or desires to control the pet as leverage in other divorce disputes. Therapists or counselors can help parties process the emotional dimensions of shared pet custody.[13]

Build in Flexibility

While specific schedules are important, successful arrangements include flexibility for unexpected changes. For example, if one party becomes ill or faces an emergency, the agreement should allow reasonable accommodation by the other party.[1]

Flexibility Provisions:

• Allowing schedule adjustments for work emergencies or unexpected events
• Permitting extended custody during school vacations or special occasions
• Creating backup arrangements if someone becomes ill
• Allowing deviation from strict schedules if the pet’s needs require it

Involve Children Appropriately

If children are involved and have emotional attachments to the pet, shared custody arrangements help children maintain consistent relationships with their animal companions. However, pets should not be used as leverage in child custody disputes, and children should not be placed in the middle of pet-related conflicts.

When Shared Pet Custody Does Not Work

While shared custody arrangements work well for many couples, some situations make shared custody impractical or inadvisable:

History of Domestic Violence or Abuse: If one party has a history of abusing or threatening the other, shared pet custody may be inappropriate. Domestic abusers sometimes use pets as leverage or control mechanisms. Shared custody would require ongoing contact between parties and create opportunities for continued abuse or control.

Severe Ongoing Conflict: If the parties cannot communicate civilly about pet care without escalating into conflict, shared custody may generate more stress for the pet than a sole custody arrangement. Pets are sensitive to tension and conflict between humans in their environment.

Geographical Distance: If the parties move to distant locations, shared custody becomes logistically impossible. The constant transport of the pet between far-apart homes may cause excessive stress.

Pet-Specific Considerations: Some pets—particularly those with anxiety disorders, health conditions requiring extensive management, or behavioral issues—may not adjust well to shared custody arrangements. A pet with severe separation anxiety might require sole custody with the other party having visitation rather than alternating residency.

In these situations, sole custody with visitation for the non-custodial party may be more appropriate than shared custody.

Enforcing Shared Pet Custody Agreements

Enforcement mechanisms for shared pet custody agreements vary by state. In states with specific pet custody legislation, shared custody orders become part of the divorce decree and can be enforced through contempt of court proceedings if one party fails to comply.

In states treating pets as property, enforcement is more limited. If one party breaches the shared custody agreement, the other party’s remedies include:

Small Claims Court: Suing the breaching party for breach of contract and seeking monetary damages. However, small claims courts typically impose monetary limits on awards, which may not adequately compensate a party for emotional distress related to lost access to a pet.

Mediation: Requesting mediation to resolve the dispute, if the original agreement included a mediation clause requiring good-faith mediation before litigation.

Civil Court Litigation: Filing a civil lawsuit for breach of contract, seeking specific performance (a court order requiring the party to comply with the agreement) or monetary damages.

Petition for Custody Modification: Some courts will consider modifications of pet custody arrangements in dissolution proceedings if one party requests it and demonstrates that circumstances have changed or that the arrangement is not working.

The practical reality is that enforcement of shared pet custody agreements in states without specific pet custody legislation can be difficult and expensive. This underscores the importance of drafting crystal-clear agreements and maintaining civil, cooperative relationships to prevent enforcement disputes from arising.

Modifying Shared Pet Custody Arrangements

Circumstances change. One party may relocate, experience health changes, lose employment, or develop financial difficulties affecting their ability to care for a pet. The shared pet custody agreement should address modification procedures.

Ideally, either party experiencing a significant change in circumstances should give notice to the other party and attempt to negotiate a mutually acceptable modification. If negotiation fails, the parties can pursue mediation or, as a last resort, seek court modification.

In states with specific pet custody legislation, courts can modify shared custody orders if the party requesting modification demonstrates changed circumstances and shows that modification serves the pet’s best interests.

Common Reasons for Modification:

• One party relocates to a distant location
• One party loses job or experiences financial hardship
• One party becomes ill or disabled
• One party remarries or moves in with someone who dislikes the pet
• Pet’s health condition changes significantly
• Party develops severe work schedule change

Sample Comprehensive Shared Pet Custody Agreement

For reference, here is a model comprehensive agreement combining many of the elements discussed:

SHARED PET CUSTODY AGREEMENT

THIS AGREEMENT is entered into on [DATE], by and between [PARTY A NAME] (“Party A”) and [PARTY B NAME] (“Party B”), regarding the shared custody of the following companion animal: [Pet description, microchip number, etc.]

1. IDENTIFICATION OF PET

The parties acknowledge joint ownership of and responsibility for [Pet Name], a [breed] approximately [age] years old, microchip number [number].

2. CUSTODY AND SCHEDULE

Party A shall have custody of the Pet during:

• Monday through Wednesday of each week
• First and third weekends of each month
• Thanksgiving and Pet’s birthday

Party B shall have custody of the Pet during:

• Thursday through Sunday of each week
• Second and fourth weekends of each month
• Christmas and New Year’s

3. EXCHANGES

Exchanges shall occur at [location] at [time]. Each party is responsible for [drop-off/pickup]. The party with custody shall ensure the Pet is clean, well-fed, and healthy at time of exchange.

4. FINANCIAL RESPONSIBILITY

• Routine expenses: Each party pays while Pet is in their custody
• Veterinary care: Split 50/50 with receipts provided within 14 days
• Emergency care over $500: Party shall notify other party within 24 hours
• Pet insurance: [Party name] shall maintain coverage; costs split [percentage/percentage]

5. HEALTHCARE AND VETERINARY DECISIONS

• Primary veterinarian: [Clinic name]
• Routine care: Party with custody may authorize; notification within 48 hours
• Major decisions: Mutual written consent required
• Both parties authorized for emergency care
• Medical records: Both parties receive copies within 14 days

6. LEGAL COMPLIANCE

Both parties shall ensure:

• Rabies vaccination remains current
• Microchip registration lists both parties as contacts
• Pet license and permits maintained
• Medications/supplements managed appropriately

7. COMMUNICATION

All non-emergency communications shall occur via email or Our Family Wizard app. Emergency calls permitted only for genuine emergencies. Disputes shall be addressed through good-faith negotiation, mediation, or court petition.

8. CONTINGENCY PLANS

If one party becomes unable to care for the Pet, custody transfers to the other party. Backup caregivers designated: [Names and contact info]. Neither party may rehome or shelter the Pet without the other’s consent except in genuine emergencies.

9. MODIFICATION

This Agreement may be modified by mutual written consent. Modification requests shall be addressed through good-faith negotiation and, if needed, mediation.

10. TERM

This Agreement shall remain in effect until [end date or indefinite]. Either party may request modification if circumstances substantially change.

Dated: _______________

Party A: _________________________ Date: _______

Party B: _________________________ Date: _______

Notary Public (if desired): _________________________ Date: _______

Shared pet custody arrangements represent an evolution in family law reflecting modern society’s recognition that pets are beloved family members deserving of special consideration. These arrangements can work beautifully when both parties prioritize the pet’s welfare and maintain cooperative, civil relationships.

Creating a comprehensive shared pet custody agreement that addresses custody schedules, financial responsibility, healthcare decision-making, exchange procedures, and contingency plans significantly increases the likelihood that the arrangement will succeed. Understanding your state’s legal framework is essential—states like California, Illinois, Alaska, and New Hampshire provide explicit legal recognition and enforceability of shared pet custody arrangements, while other states require reliance on contractual principles and goodwill between parties.

Whether your state has progressive pet custody legislation or treats pets as standard property, including detailed pet custody provisions in your divorce settlement agreement protects both the pet and both parties’ interests. The time invested in negotiating a thoughtful shared custody arrangement pays dividends by preventing future disputes and allowing your beloved pet to maintain meaningful relationships with both former spouses throughout their life.