Q: Can courts order visitation for an emotional support dog in Texas?
I am on Social Security mental disability benefits and rely on my emotional support dog, who is registered with documentation. My spouse, from whom I am separated, claims she can be awarded visitation rights (1st, 3rd, & 5th weekends) for my emotional support dog. My spouse never showed interest in the dog until our separation and has no interest in the day-to-day care. There are no legal agreements or custody orders in place, apart from a verbal understanding that she can see the dog if respectful. Isn't scheduled visitation typically only for children in Texas, and can courts order such visitation for an emotional support dog?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In Texas, pets, including emotional support animals, are legally considered personal property rather than family members. Unlike children, courts generally do not grant visitation rights or custody schedules for animals. Your spouse’s claim for structured visitation similar to child visitation rights (1st, 3rd, and 5th weekends) is not typical, nor is it supported by Texas family law.
However, during divorce or separation proceedings, judges occasionally address pet ownership issues, particularly if both parties demonstrate a strong attachment or financial investment. Since you rely on your emotional support dog for mental health, you have significant evidence of primary attachment, necessity, and consistent care. Your documented disability and the dog's emotional support registration further strengthen your position that the dog’s permanent home should remain with you.
It's crucial to clearly communicate your reliance on your dog’s emotional support role if this issue arises legally. While your spouse may argue for visitation, Texas courts generally avoid assigning visitation rights to animals because it complicates enforcement and lacks clear legal grounding. Therefore, it’s highly unlikely a Texas court would grant your spouse scheduled visitation rights for your emotional support dog, particularly without prior involvement or demonstrated care.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
