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A Pioneer in Minnesota Pet Custody Issues

Q: What can you include in a pet custody agreement?

A pet custody agreement can set clear expectations about who will care for a pet and under what conditions. Although pets are legally considered property in Minnesota, agreements often address primary care arrangements, financial responsibilities such as veterinary care and food, visitation or shared custody schedules, and decision-making authority for medical or emergency situations. A well-drafted agreement helps reduce conflict and promotes the pet’s well-being.

Q: How is pet custody handled in a nonmarital separation?

In nonmarital separations, pet custody disputes are resolved using property law principles under Minnesota law. Courts may consider ownership documentation, who purchased or adopted the pet, contributions to the pet’s daily care and expenses, and which party can provide a stable living environment. Creating a written custody agreement can help protect the pet and prevent future disputes.

Q: How are service and emotional support animals treated in custody matters?

Service animals and emotional support animals receive additional legal consideration because they provide more than companionship. Minnesota recognizes that these animals may be protected under state and federal disability laws, and custody decisions often focus on ensuring continued access for the person who relies on the animal, preserving training and health needs, and complying with applicable legal protections. Legal guidance can help ensure custody arrangements account for these special roles.

Our dogs, cats, and other pets are members of our family. During a divorce or separation, negotiating which party will be awarded or get custody of a pet or companion animal can be extremely difficult. An Animal Law pioneer and a leader in pet custody, Minnesota attorney Barbara J. Gislason understands her clients’ concerns related to their dogs, cats, horses, birds, and other companion animals. Barbara has extensive experience representing clients involved in pet custody and ownership disputes.

Barbara is a passionate advocate for the rights of both her clients and their animals. She wrote a book for the American Bar Association called Pet Law and Custody: Establishing a Worthy and Equitable Jurisprudence for the Evolving Family.

Fighting for Pet Custody Laws Nationally

Technically speaking, pets are only property under Family Law statutes. In Minnesota and throughout the country, there are no Family Law statutes that specifically address animals in the context of Family Law proceedings. In fact, there are no laws or statutes in place that acknowledge the emotional bonds between animals and humans. Fortunately, Minnesota now allows for the inclusion of pets in Orders for Protection. Furthermore, some courts are taking human best interests and animal best interests into account in applying their discretionary authority in divorce proceedings and civil replevin actions.

As an Animal Law attorney, Barbara is a pioneer in having human and companion animal best interests considered when the court utilizes its equitable discretion. She serves clients statewide, including Anoka County, Hennepin County, and Ramsey County.

Bridging the Gap Between Divorce Law and Pet Custody

During divorce proceedings, attorneys rarely mention pets unless they have considerable monetary or fair market value, such as a registered purebred puppy or a thoroughbred horse. They might not evaluate which party is best able to care for the animal. There is not even a space for pet food or veterinary care to be listed on many forms for monthly living expenses that lawyers provide to courts or mediation professionals. Although one party may believe that he or she owns an animal, this opinion may be subject to challenge based on a variety of factors, such as the payment of significant veterinary expenses by the other party.

Barbara J. Gislason is recognized for her work across the country in exposing these gaping holes in divorce law. She drafted a model law on pet custody and has worked with national and state associations to create Animal Law committees that are currently working to change the legal community’s views on animals.

Is It Ever Too Late to Figure Out Pet Custody of My Animals?

Are you a divorced or divorcing pet owner? You may be wondering if it is too late to create a plan for sharing time with your former partner or your beloved dog or companion animal. The good news is that it is never too late to address pet custody, even if your divorce is already finalized. A Family Law attorney focusing on Animal Law and pet custody can help you with this complex issue. Barbara can assist in drafting a pet-sharing agreement that suits both parties’ needs and ensures the well-being of your pet. She can also help mediate disputes and provide guidance on how to co-parent your pet, even if you are no longer together. Do not hesitate to seek professional help to ensure your furry friend’s happiness and stability.

Frequently Asked Questions On Pet Custody

Pet custody issues can arise during a separation or after a dispute between family members. Understanding how Minnesota law treats pets and their legal protections helps ensure proper care and clear agreements.

What can you include in a pet custody agreement?

A pet custody agreement sets clear expectations about who will care for the pet and under what conditions. In Minnesota, pets are legally considered property, but courts increasingly recognize their emotional value in family disputes. A thorough custody agreement addresses:

Primary care arrangements: Who will live with the pet, and how daily responsibilities will be divided.
Financial obligations: How veterinary expenses, food, grooming and other costs are shared.
Visitation schedules: If shared custody is appropriate, detailing when each party can spend time with the pet.
Decision-making authority: Who makes medical or emergency care decisions?

A Minnesota attorney can help draft a pet custody agreement that is clear, enforceable and reflective of your pet’s best interests, reducing the risk of future conflicts.

How is pet custody handled in a nonmarital separation?

Even without a marriage, pet ownership disputes can arise when partners or cohabitants separate. Since Minnesota law treats pets as property, ownership documentation and agreements are critical in resolving disputes.

In these situations, courts often consider:

Who purchased or adopted the pet and holds proof of ownership.
Contributions to the pet’s care, including financial and daily involvement.
The living environment and who can provide proper care and stability.

Establishing a written custody agreement during a nonmarital separation protects the pet and the parties involved. Legal guidance helps ensure agreements align with Minnesota law and helps prevent contested disputes in the future.

How are service and emotional support animals treated in custody matters?

Pets with special roles, such as emotional support animals (ESAs) or service animals, receive additional legal consideration. Minnesota recognizes that these animals provide more than companionship and may have legal protections under disability laws. Key considerations include:

Ongoing access and care: Making sure the animal remains with the person who relies on it for support.
Health and training maintenance: Preserving the animal’s specialized skills and well-being.
Legal rights: Considering federal and state laws that protect service animals and ESAs.

Proper legal guidance is essential to protect the rights of both the animal and the owner. An experienced Minnesota attorney can draft custody agreements that recognize these special needs, helping ensure a pet continues to serve its intended role while minimizing legal disputes.

Get Help from an Experienced Pet Custody Lawyer

To benefit from one of the country’s most accomplished pet custody attorneys, call the Law Office of Barbara J. Gislason in Anoka County at 763-220-2983 or send an email to arrange a consultation.