Legally reviewed by:
King Law
December 4, 2023

Divorce can be a complex and emotionally challenging process. There are many worries when it comes to dividing assets and determining custody arrangements. One custody arrangement that does not immediately come to mind but can be a significant concern is that of a beloved pet. In North Carolina, like many other states, the legal framework surrounding pet custody in divorce cases is evolving to reflect the changing attitudes toward pets as cherished family members. In this blog post, we will explore the specific considerations and guidelines related to pet custody in North Carolina’s family law.

Pets as Property: Understanding the Current Legal Status
In North Carolina, pets are legally regarded as personal property. During divorce proceedings, they are subject to equitable distribution, which means they are treated as assets that need to be divided between spouses. However, courts are increasingly recognizing the emotional value and importance of pets, leading to a more compassionate approach. It is up to the couple to decide how to divide up ownership of any pet(s). However, if a separated couple cannot agree on what to do with their pet(s), the court may have to decide where the pet(s) go.

Best Interests of the Pet: Shifting Perspectives
While pets are considered property in North Carolina, courts may take the “best interests of the pet” into account when making custody determinations. Factors that are used to determine custody historically have been:

(1) The primary caretaker
(2) Who can provide a suitable living environment, and
(3) The ability to meet the pet’s needs can influence custody decisions.

Mediation and Agreement
In North Carolina, divorcing couples are encouraged to consider mediation or alternative dispute resolution methods to reach a mutually agreeable pet custody arrangement. Mediators can facilitate discussions, help couples consider the well-being of the pet, and craft personalized custody agreements that reflect the unique circumstances of the family. Other alternative dispute resolution methods include a wide range of techniques that parties can use to settle disputes with the help of a third party. They are used for disagreeing parties who cannot agree short of litigation.

Shared Custody: Exploring Options
While shared custody arrangements for pets are not explicitly recognized by North Carolina law, couples can still negotiate and establish informal shared custody agreements. These arrangements often involve rotating visitation schedules, shared responsibilities, and open lines of communication to ensure the pet’s continued well-being and the maintenance of their bond with both parties.

Considering Pet Trusts
In North Carolina, pet owners can create a pet trust to provide for the care and well-being of their pets in the event of their incapacity or death. This legal tool allows individuals to designate a caregiver and set aside funds for their pet’s ongoing care, giving them peace of mind regarding their beloved companion’s future.

As North Carolina’s legal system continues to evolve, the recognition of pets as more than mere property is becoming increasingly significant. While pets may still be considered assets subject to equitable distribution during divorce proceedings, the best interests of the pet and alternative dispute resolution methods like mediation are factors that can guide custody decisions. By considering the unique emotional bond between humans and their pets, North Carolina’s family law is gradually adapting to better serve the well-being of these cherished family members during and after divorce.

King Law specializes in family law and is a firm prepared to move forward with any case of equitable distribution. You can be assured you are getting cutting edge representation in every matter, and your equitable distribution case will be given top priority. If you anticipate having equitable distribution issues, or facing any other marital litigation problem, contact King Law Offices at (864) 877-3355 and schedule an appointment with an attorney today.

Legally reviewed by:
King Law
Carolina Attorneys
December 4, 2023

This blog post has been reviewed and verified by legal experts at King Law. Our team is dedicated to providing premium legal services with compassion, innovation, trust, and advocacy. Serving Western North Carolina and Upstate South Carolina, we offer flexible meeting options and strive to exceed client expectations with high-quality legal representation and exceptional client relationships.

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