Last Updated November 14, 2023
What is a Pet Agreement?
A Pet Agreement, also known as a Pet Custody Agreement, is a contract that outlines the care of a pet or pets that initially lived with two owners (generally a couple or roommates) and is now living with one owner permanently, or both owners separately through a visitation schedule.
This agreement can be used to establish custody and care for any type of household pet, such as a dog, cat, snake, lizard, or a larger animal like a horse.
When would you use a Pet Agreement?
A Pet Agreement is ideal in situations where a couple is in the process of separating, or roommates are moving on, and the parties want to determine how their pet(s) will be cared for. "Parties" in this document refers to the pet owners.
As an example, a married couple decided to divorce. Using a Pet Agreement, the now ex-spouses can negotiate a visitation schedule (if applicable) and determine who will be responsible for any costs related to the care of the pet(s).
Another scenario is if roommates decide to adopt a dog together, but later on one of the roommates moves to a new property that does not allow pets. A Pet Agreement allows the former roommates to formally agree that the party who remains at the property that allows pets will have custody of the dog.
What does a Pet Agreement include?
In general, a Pet Agreement should include the names and addresses of both parties (including the city and state), information about the pet (such as whether it is a cat or dog, and the breed), and any additional terms that you would like to include, such as a visitation schedule or who is responsible for any care costs.
As an example, one party might agree to be completely responsible for all costs involving the pet, including things like vet bills and food, even during times when the pet is visiting and staying with the other person indicated in the agreement.
How do you negotiate a Pet Agreement?
When negotiating a Pet Agreement, it's important to consider each party's living and financial situation before making decisions relating to the pet's well-being. Here are some suggestions both parties can consider when negotiating:
The safety and welfare of the pet. Especially after separation or divorce, living situations for one or both parties can differ from what they were before. Consider the current living situation for yourself and your former partner or roommate, and determine whether the safety and welfare of the pet would be affected if they lived with or visited one party or the other.
As an example, if the pet is a large dog and one party moves to a small apartment, the space may not be conducive to keeping a large animal, so perhaps visitation would have to be limited to both parties meeting at a dog park.
Physical and emotional health. Generally speaking, animals can form a stronger bond to one owner over the other. In other words, if one owner cared for the pet more frequently, they may have a stronger emotional bond with that animal. In this case, the pet may be better off living with the owner that it has spent more time with.
If negotiating the terms of the Pet Agreement proves to be difficult, it is recommended that you consult a mediator or other professional to help you through the process.
