According to the American Veterinary Medical Association, pet populations, particularly dogs and cats, are on the rise and expected to continue to increase through at least 2030. Many people have welcomed a new pet to the family during the COVID-19 pandemic as well. A common question that clients ask their divorce attorneys is: who keeps our fur baby?

In the Probate and Family Court in Massachusetts, as in most family courts in the U.S., pets are treated as personal property. This means that they’re divided between a divorcing couple according to the same considerations that are applied to things like the toaster, the china, and the lawnmower. Under the law in Massachusetts currently, it’s not possible to have a “visitation” schedule for pets, unlike the parenting plans included in separation agreements or divorce judgments for any divorcing couple with children. For children, courts consider the children’s best interests in determining custody and a parenting plan, but a pet’s best interests won’t be considered, and a Probate and Family Court judge won’t order a “visitation” schedule or “pet parenting plan” for pets.

So, in considering who keeps the pet, the Court will take the same factors into consideration that they … Keep reading