Who Gets the Dog? How Divorce Courts Are Changing the Rules on 'Pet Custody'

In Colorado, pets are still considered personal property under the law, which means they’re treated much like a car or a couch during divorce proceedings. A judge may assign ownership of the pet to one spouse, often based on whose name is on the adoption or purchase documents—without formally considering emotional bonds or caregiving roles.

But this legal framework doesn’t always reflect the reality of modern families. As pets increasingly take on the role of emotional companions, many couples—and even some courts—are looking for more thoughtful and humane ways to make decisions about their care during and after divorce.

The Traditional View: Pets as Property

Under Colorado law, pets are not treated like children. They are legally classified as personal property. That means courts do not use a “best interest of the pet” standard when deciding who keeps the animal. Instead, they typically look at:

• Who originally purchased or adopted the pet

• Whose name is on the registration or vet records

• Whether the pet was acquired before or during the marriage

• Any clear evidence of neglect or abuse

Because the law views pets as property, Colorado judges are not required—or authorized—to create custody or visitation arrangements like they would for children.

A More Modern Approach: Informal Pet Custody Agreements

Although Colorado law doesn’t mandate consideration of the pet’s emotional well-being, some judges may informally weigh factors like who provides daily care or who the pet seems more bonded with. However, these decisions vary case by case and are not guaranteed.

For this reason, many couples turn to mediation to address the issue of pet custody in a more

flexible, compassionate way.

Why Mediation is Ideal for Pet-Related Decisions

Mediation allows couples to step outside the rigid property framework and focus on what truly matters: the well-being of their pet. Unlike court, mediation supports creative, custom solutions that reflect your unique family dynamic. Common outcomes include:

• Shared custody: Alternating weeks, weekends, or specific holidays

• Primary custody with visitation: One person takes primary care while the other enjoys regular time

• Divided responsibilities: Especially when there are multiple pets or strong individual bonds

Factors to Consider When Deciding Pet Custody

In mediation or informal negotiations, it’s helpful to consider:

• Who feeds, walks, and takes the pet to the vet

• Work schedules and daily routines

• The emotional attachment between each spouse and the pet

• Living arrangements and pet-friendly housing

• Whether children are attached to the pet and how the pet supports their emotional health

What to Include in a Pet Agreement

To avoid future misunderstandings, your agreement should include:

• A care schedule outlining where the pet will live and when

• Financial responsibilities (food, grooming, medical care)

• Guidelines for travel or moving

• Emergency care protocols

Pets are family, and while Colorado law still views them as property, you have the power to choose a more compassionate path. Mediation offers a respectful, emotionally aware space to create agreements that reflect the true value of your relationship with your pet—and help ensure their well-being as your family transitions into a new chapter.

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