Free Pet Custody Agreement Templates (Word / PDF)

A pet custody agreement template is a useful tool used to create an agreement that specifies the care of a pet or pets that initially live with roommates or couples but now live with either of them. This agreement states to whom the ownership of pets is assigned and which party has the responsibility for their financial upkeep. Moreover, it also states whether or not there will be visitation time for the other party.

When to use a pet custody agreement?

The ideal situations in which a pet agreement would be used are when a couple is going to separate or roommates are moving on and they want to decide how their pet(s) will be cared for.

When couples are divorced or separated, they use this agreement to negotiate a visitation schedule and to decide who will be responsible for the financial expenses of pets.

If two roommates have adopted a pet together and later on one of them moves to a new property, they will use a pet custody agreement to assign custody of the pet to either of them.

The common elements to include in a pet custody agreement:

When creating a comprehensive pet custody agreement, you must include the following clauses and sections in it;

Introduction

In the introduction, provide details about the pets and the parties (owners of the pets) involved in the custody agreement. Usually, two parties and one pet might be discussed in a straightforward case. In case, there are multiple pets then split them between two parties.

Custody

Here, you have to specify the primary household where the pet resides. However, if spouses agree to split time with the pet, you may also include joint custody.

Visitation

Mention the time and days in the agreement when the non-custodial pet owner would be allowed to visit the pet.

Transportation

If pet owners decide to split custody, include a clause that states which party is responsible for transporting the animal.

Financial responsibility

This section stipulates the financial responsibility which is assigned to each party for the cost of pet maintenance.

Major decisions/medical decisions

In case of a medical need or emergency, specifies who has the authority to make major decisions for the pet. It’s up to the owners whether they both must come to an agreement or whether they give authority to either party to make decisions on the other’s behalf.

Limitations on transfer

It is important to clearly state in the agreement whether or not both parties have the authority to transfer ownership of the pet.

In addition, you can also include other clauses in the contract on the basis of your specific needs. After affixing signatures and notarization, keep the pet custody agreement on file.

How to negotiate a pet agreement?

It is important to consider each party’s living and financial situation when negotiating a Pet Agreement. Consider the following suggestions;

The safety and welfare of the pet

The living situations of both parties after separation or divorce can get different from what they were before. You must consider the living situation of you and your ex-spouse or roommate. Doing so helps you to identify whether or not the safety and welfare of the pet would be affected by your living situation.

Physical and emotional health

Pets generally have stronger bonds with one owner than others. Similarly, the owner who cared for the pets more frequently may form a strong emotional bond with them. Therefore, you must consider the physical and emotional health of owners and pets while negotiating a pet custody agreement.

Consult a mediator or other professional if you find negotiating the terms of the pet agreement difficult.

What consequences you may face if you don’t have a pet custody agreement?

Sometimes, pets can get caught in the crossfire if a marriage or partnership ends with animosity. A pet is legally considered an asset or property. Without an agreement, couples may think they will keep the ownership of their pet but it will not work as you seem.

You may have to face the following consequences without a pet custody agreement;

Keep in mind that divorces or separations are very versatile. You may find many cases around you where one spouse take the pet just to disturb the other spouse. In such a case, the other spouse has no right to see the pet again.
When ruling on pet custody without an agreement, some courts will come into consideration the children’s attachment to a pet. In addition, without an agreement, there’s no guarantee that the pet will stay with the children as the law recognizes pets as property.
It is common to have financial stress during and after a divorce. They may have to sell family homes and deal with separate households without their ex-partner earning. Since the financial stress is too great, they may need to give up beloved family pets.
For spouses, it isn’t uncommon for spouses to split up the animals in households with more than one pet. But, this decision may create difficulty for pets who grew up with pet siblings.

Other clauses to include in a pet custody agreement:

You can also consider the following clauses to include in this agreement;

Financial needs

It is essential for parties to agree on how financial responsibilities are structured for the pet. This might include;

Grooming
Veterinary visits
Licensing
The costs of walkers
Pet daycare

Medical oversight

Usually, one spouse is responsible for taking care of veterinary visits. In the agreement, specify which party would have the authority to make medical decisions for the pet. Including this section is important as specific illnesses can become quite costly.

Visitation

If a pet remains in one household permanently then specify days or hours when the ex-spouse visits the pet or takes the pet out to a park.