Divorce has residual issues like the distribution of assets, spousal support and child custody. Recently, one issue that is becoming more common is the pet custody battle. Celebrities such as Britney Spears, Kevin Federline, Tiger Woods and Elin Nordegren have fought for the custody of their canines. According to a survey by the American Academy of Matrimonial Lawyers, the number of pet custody disputes has increased substantially over the past decade.
Pet owners may view their pets as family members and may wish to obtain custody or custodial visitation rights after a divorce. Agreements that attempt to award custodial visitation or shared custody for pets are void because they are analogous to a person seeking a visitation schedule for any other property such as a table or a lamp. All states classify pets as property, and therefore, the property division laws of the state apply; the court does not have any authority to give somebody access to a pet.