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Who Gets the Dog? Navigating Pet Custody After Divorce in Washington State

Writer's picture: Mackenzie SorichMackenzie Sorich

Who Gets the Dog? Navigating Pet Custody After Divorce

For many couples, pets are cherished members of the family, providing companionship, comfort, and joy. But what happens when a relationship ends, and both partners want to keep the beloved pet? Deciding who gets custody of a pet after divorce can be a highly emotional issue, especially when both parties feel deeply attached.


Pet Custody After Divorce in Washington State: What the Law Says

In Washington State, pets are considered personal property in divorce proceedings. Unlike child custody cases, where the court prioritizes the child’s best interests, pets are treated similarly to furniture or vehicles. This means the court's focus is on equitable distribution of all of the property including pets rather than what arrangement might be "best" for the pet.


However, courts have started to recognize the unique role pets play in families. In some cases, judges may consider factors such as:


  • Who has been the primary owner? This includes feeding, walking, and taking the pet to vet appointments.

  • Who has the financial ability to care for the pet? It's important to prioritize the pet's needs.

  • Who has the most suitable living arrangements? For instance, if one party moves to a home with a yard while the other moves to a pet-restricted apartment, this could influence the decision.


Pet Custody After Divorce in Washington State- How to Craft a Pet Ownership Agreement 

Couples who want more control over the outcome can negotiate their own informal pet “custody” arrangement outside of court. This can include:


  1. Ownership with Visitation: One person taking primary ownership, while the other has courtesy visitation.

  2. Financial Agreements: Deciding who will cover costs such as food, grooming, and veterinary care.


A well-thought-out agreement can provide compromise for both parties, however shared “custody” agreements may not be enforced by the court if there is a dispute in the future until there is a change in the law. If you need help navigating pet custody after divorce in Washington State, our attorneys can help.


Mediation and Legal Support

If you and your spouse cannot agree on a pet property award, mediation can be a helpful tool. A neutral mediator can assist in creating a fair arrangement that considers both parties' attachment and the pet's needs. Our attorneys can help represent your interests throughout the mediation process.


Looking Ahead

Pets bring joy and companionship to our lives, and determining their future after a divorce deserves thoughtful consideration. Whether through negotiation, mediation, or court proceedings, the goal should be to create an arrangement that respects both parties' interests and provides a fair and clear result.


If you’re navigating pet custody after divorce in Washington State or other aspects of your divorce, we’re here to help. Call us at 206-703-0764 or contact us online to schedule a consultation.


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