How is a Pet Custody Plan Determined in Tennessee?

While many people consider their pets part of their family, Tennessee state law does not. If you and your spouse are going through a divorce, a TN court will not view the determination of your animal as a custody dispute, but rather a matter of property division. As such, the courts in Tennessee will treat pets as personal property, typically awarding ownership to one spouse. However, you are within your rights to draw up a pet custody plan.

A pet custody agreement can be a beneficial tool for couples getting divorced. It can allow both parties to maintain a relationship with their beloved pet and establish rules on who has custody and when, as well as financial matters related to the animal’s care. Contact a Memphis, Tennessee family law attorney for more information on your rights during your divorce.

How Tennessee Law Treats Pets in a Divorce

Though you may love your pet like a child, it’s important to understand that pets are considered property during a divorce, meaning they are subject to division in accordance with TN Code § 36-4-121. As such, a judge will typically award pet custody to one spouse. This is because:

• Pets are not subject to child custody guidelines
• Courts typically do not create pet custody schedules
• Emotional attachment alone is not enough to make a court decision

How Courts Decide Who Gets the Pet

When determining which spouse gets the pet, the court will consider a number of factors; however, property classification will be the first factor when determining ownership. 

Property Classification Comes First

• When was the pet acquired? (before or during the marriage)
• Was the pet adopted individually or jointly?
• Who paid the adoption fees of purchase costs?

Practical Ownership Factors Courts May Consider

The courts may also consider who is primarily responsible for the basic care of the pet, as well as other important factors that can impact ownership. This includes:

• Who the primary caretaker is
• Who financially provides for the pet (food, grooming, pet insurance, vet bills)
• The living environment that’s best for the pet
• Evidence of neglect or abuse
• The emotional connection a pet has to any children

Separate vs. Marital Property and Pets

Because pets are considered property, the court must adhere to the standard process of dividing assets among a couple, including determining which assets are marital and separate property. 

When a Pet Is Likely Separate Property

The court may consider a pet separate property and thus ineligible for division between the spouses if:

• The pet was owned or adopted before the marriage
• Clear documentation in one spouse’s name
• No shared financial responsibility for the animal.

When a Pet Is Likely Marital Property

However, the court may consider a pet marital property when:

• The pet is adopted during the marriage
• Both parties share expenses and care
• Both parties are listed on the documentation for the pet

Can the Court Order Shared Custody?

In general, courts in Tennessee will not order shared pet custody, as they typically prefer a clean division of property. Additionally, courts typically do not have the jurisdiction to enforce or oversee these plans.

However, you should note that if you and your spouse can reach an agreement on a shared pet custody plan, the court can approve the agreement and include it as part of your divorce decree. 

Creating a Pet Custody Agreement Outside of Court

While the court will not create a pet custody arrangement, you can sit down with your spouse and draft up your own custody agreement as long as you both agree to the terms. If this does not work for you, then you can try mediation, where a neutral third party helps guide you through the conversation and keeps the peace while you determine what custody arrangement would be best.

Why Couples Choose Private Pet Custody Agreements

Working with your spouse to determine an ownership plan is growing increasingly popular, as there are a number of important benefits to consider. Generally, this option allows both parties to maintain a relationship with the pet and avoids the rigid property division outcome implemented by the court. Additionally, creating a custody arrangement can help reduce conflict and litigation.

Common Terms to Include

Whichever route you take, certain factors will need to be taken into consideration to determine who gets custody and the details of the agreement. As such, you should consider the following terms for your custody agreement:

• Which spouse is the primary owner
• Visitation rights of the non-primary owner
• Both spouses’ financial responsibility for pet costs
• Who will receive ownership of the pet if the primary owner must relinquish ownership for any reason
• If one or both spouses have a say in decisions about the pet, especially medical or health-related decisions

Can You Split Pet Custody After Divorce?

It’s important to understand that, while you and your spouse may agree to split custody of your pet after your divorce, this system will rely heavily on cooperation and communication. Unlike child custody, the courts typically do not oversee or enforce agreements between the spouses. 

It’s also necessary to consider your pet in this process. While you and your spouse may be okay with sharing custody, the constant changing of homes can be stressful for an animal. As such, you should consider your pet’s temperament and the feasibility of sharing custody before making this decision.

Contact Our Experienced Shelby County Divorce Attorneys

Going through a divorce can be incredibly difficult, especially when a pet is involved. Because your pet is treated like property, doing what you can to help provide them with the best possible care and environment is critical. As such, working with the team at Rice Law is in your best interest. Our team understands how difficult these matters can be to navigate, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.