Pet Custody Agreement

The process of separation for spouses or cohabitation partners can be complicated in many ways. One of these challenging ways is deciding the custody rights of a pet or pets. This could also be a concern with long-term roommates who plan to live separately after having shared a pet for a long time. 

The law sees pets as personal properties. Even though that seems unreasonable to many people attached to their pets, emotions are unlikely to sway a court's decision on the matter. You will need a Pet Custody Agreement if you share one or more pets with someone at home. 

What Is a Pet Custody Agreement?

The Pet Custody Agreement is a legally binding contract between the co-owners of one or more pets. The document protects the pet's best interest in the event of the owners living separately. 

You might think there's an understanding of who will get the pet in the event of separation, but things can get complicated in a break or divorce proceeding. In this respect, a Pet Custody Agreement's goal is to consider the pet's safety and well-being first and foremost. If you own other pets, you also have to consider how the separation will affect all of them. The same applies to children and their welfare vis-à-vis the pet or pets. 

Other Names for Pet Custody Agreement

Depending on your state, a Pet Custody Agreement may also be known as:

• Pet Agreement
• Pet Agreement Form
• Agreement for Pet Visitation 
• Joint Pet Custody Agreement

Who Needs a Pet Custody Agreement?

The Pet Custody Agreement is a useful document for everyone who has decided to purchase or adopt a pet with their partner or roommate. Creating a fair and balanced agreement can make a potential separation easier on everyone, especially the pet. 

Why Use Swyft Forms for Your Pet Custody Agreement? 

Customized for you, by you

Create your own documents by answering our easy-to-understand questionnaires to get exactly what you need out of your Pet Custody Agreement.

Specific to Your Jurisdiction

Laws vary by location. Each document on Swyft Forms is customized for your state.

How to Create a Pet Custody Agreement With Swyft Forms

A Pet Custody Agreement requires details about the pet and the owners. It should also clearly outline what happens to the pet if the owners go their separate ways. 

Let Swyft Forms help with our extensive library of attorney-vetted legal forms. The process is fast and easy. All you have to do is fill out our easy-to-understand questionnaire. Once complete, simply download your form as a PDF or Word document from your secure online account.

What Information Will I Need to Create My Pet Custody Agreement?

To create your document, please provide:

• Pet Owners' Details: The names and contact information of each of the pet owners.
• Primary Owner: Specify the pet's primary owner who is to receive full custody in the event of a separation.
• The Effective Date: The date when the agreement will be signed and made effective.
• Pet Information: A description of the pet, including species, breed, name, age, and other relevant information.
• Visitation Rights: The owners should create a visitation schedule if they decide to share the pet's custody.
• Health Consideration: Describe the pet's health status, including special care or medication.
• Death of Animal: Specify what happens to the remains of the pet post-death.
• Dispute Resolution: Choose whether to use arbitration or litigation to resolve a custody dispute.
• Expenses: Explains who's responsible for pet expenses (veterinary bills, food, medication, grooming).
• Additional Clauses: The agreement can contain other relevant clauses. 
• Signatures: All owners must sign the contract to make it legally binding.

Pet Custody Agreement Terms

• Custody: Guardianship 
• Animal Companion: Domesticated pet animals 
• Cohabitation: Two people who are not married living together 
• Service Animal: An animal trained and certified to be in service to a person with a disability 
• Emotional Support Animal: An animal providing therapeutic benefits in the form of companionship (must be prescribed by a mental health professional)

Pet Custody Agreement Signing Requirements

Every co-owner of the pet must sign the Pet Custody Agreement to make it legally binding. You may want to understand all of the terms of the agreement before you sign. Notarization is not required, but you can include a witness signature. 

What to Do With Your Pet Custody Agreement

You do not have to file the Pet Custody Agreement with any government body. It is recommended for all parties to retail a physical copy of the agreement in case of a dispute.