Lykens, PA asked in Animal / Dog Law and Divorce for Pennsylvania

Q: I am getting divorced and would like to know if my spouse has any legal right to my dogs.

The dogs are currently with me and I have always been the primary care giver. I also have a message from him stating he cannot take care of them

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1 Lawyer Answer
Cary B. Hall
Cary B. Hall
Answered
  • Norristown, PA
  • Licensed in Pennsylvania

A: Under Pennsylvania divorce law, pets are considered property, like furniture or anything else in your house. If you two can't agree who gets the dogs, a court certainly will -- just like it would distribute any other pieces of marital property. There will be no "custody" order for pets, because Pennsylvania doesn't do that. From the details of your question, it appears that you'd certainly have the stronger case for getting the dogs. But your best bet is to reach an agreement with your soon-to-be-ex-spouse and keep that whole issue outside of the court's reach.

Best of luck to you and the pooches.

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