Determining how to share custody of an apartment pet in the midst of a breakup or divorce is certainly no walk in the park. But sharing joint custody of a pet is becoming more and more common as couples consider pet ownership to be a lot like parenthood.

While you may act like your pet is your actual baby, it’s important to remember that the law doesn’t see things the same way. In these tips, we’ll discuss how to share custody of a pet, perhaps without getting the courts involved. 

Pet custody and the law
If you’re trying to figure out how to share custody of an apartment pet, lawyers advise that the best way to resolve the issue is to work out an agreement about pet ownership and visitation with your former partner. Keeping your negotiations for joint custody out of the court system is the best option because the law doesn’t view pets in a breakup or divorce the same way it views children. (Child custody laws only apply to children with two legs!)

While most people think of pets as bona fide family members, the law considers them personal property–and that means that the court will award custody of a pet to whoever has a better ownership claim. A court likely won’t work out a pet joint custody arrangement for you.

Sharing custody of an apartment pet
Sharing custody of a pet after a divorce or breakup is becoming very common.  As long as both parties are amiable to the arrangement, it’s possible to share custody of a pet without any problems.

Remember to keep the pet’s best interests in mind.  You may want to consider the following questions:

• Which partner will have the most space for the pet after the separation?
• Who has the financial resources to take care of the pet?
• Who has been the pet’s primary caregiver?
• When did the pet join the family? Before the relationship or during the relationship?
• Which partner has the most time to spend with the pet?

Consider how you and your ex will split time with the pet. Some of the most successful pet joint custody arrangements work just like child custody agreements: one person gets the pet during the week; the other gets him on the weekends. It is even possible to arrange for one person to have the pet for a certain number of days a week or on certain holidays.

Consider how you’ll exchange the pet. Will you and your ex meet on neutral ground to drop off the pet? Or will one person have “visitation rights” that involve a visit to an ex’s home?

Whatever arrangement you come up with, it is usually helpful to put it down in writing and then sign it. With a shared pet custody arrangement in writing, both parties are more likely to follow the terms. You can even have your lawyer draw up the custody agreement, although doing so would be mostly ceremonial. It is unlikely the agreement would hold up in court if one partner challenged it.

Determining how to share custody of an apartment pet is undoubtedly a very emotional endeavor. And when bad blood exists between former partners, keeping to the terms of a pet custody arrangement might not be easy. But if everyone keeps the pet’s best interests in mind, it’s possible to retain the right to see your pet AND keep the animal healthy and happy.