For many couples, pets are more than just animals—they’re family. So, when a marriage ends in divorce, deciding who gets custody of a beloved pet can be a highly emotional issue. Unlike child custody cases, North Carolina law treats pets as property, which means determining ownership follows a different legal process. At Bourlon and Davis P.A., we help clients navigate pet custody disputes with clarity and compassion.
How Does North Carolina Law Handle Pet Custody?
Under North Carolina law, pets are considered personal property, similar to a car or a piece of furniture. This means that pet custody disputes are resolved through equitable distribution, the legal process that divides property in a divorce. The court will determine who the legal owner of the pet is rather than awarding “custody” or “visitation” like with children.
Factors That May Influence Pet Ownership
When courts decide who gets the pet in a divorce, they may consider:
✔ Who Purchased the Pet – If one spouse bought the pet before or during the marriage, they may have a stronger claim to ownership.
✔ Who Primarily Cared for the Pet – Courts may look at vet records, feeding schedules, and daily care responsibilities.
✔ The Pet’s Living Situation – If one spouse is moving to a home where pets are not allowed, this could impact the decision.
✔ Pre/Postnuptial Agreements – If a couple had a pre- or postnuptial agreement that addresses pet ownership, the court will likely enforce it.
✔ Children’s Attachment to the Pet – If the couple has children who are emotionally attached to the pet, the court may consider keeping the pet in the home where the children reside most of the time.
Can Spouses Agree to Shared Custody?
While North Carolina courts do not formally recognize pet custody arrangements, divorcing spouses can negotiate a private agreement to share time with the pet. This can be part of a divorce settlement and include: ✔ A visitation schedule ✔ Responsibilities for vet bills and expenses ✔ Decision-making for major medical issues
Having a well-drafted pet custody agreement can prevent future disputes and ensure the best outcome for both parties and their beloved pet.
How Can a Lawyer Help?
Pet custody disputes can become highly emotional and complex. At Bourlon and Davis P.A., we can help you:
✔ Understand your rights under North Carolina law
✔ Negotiate a fair pet custody arrangement
✔ Present evidence to support your claim of ownership
✔ Draft legally binding agreements to avoid future conflicts
Contact Bourlon and Davis P.A. Today
If you’re facing a divorce and are concerned about who gets the pet, we’re here to help. Let our experienced attorneys guide you through the legal process to protect your rights and your furry family member.
📞 Call us at 919-688-8041 or visit bourlondavispa.com to schedule a consultation today.