Pet Custody Attorney in Houston

Getting Custody of Your Pets in Your Divorce

What Does Texas Law Say About Who Gets Custody of the Fur Babies?

Divorce and pet custody: are you a pet parent facing divorce? A 2023 Pew Research survey revealed more than 97% of American dog owners view their pets as a “family member”, with more than half claiming they are as much of a family member as a human. In fact, referring to a pet as a child is so common, the Oxford Dictionaries added the phrase “fur baby” in 2015. Even celebrities openly refer to their pets as their children. Unfortunately, child custody statutes do not apply to your pets and Texas law does not delineate who gets custody of pets with clear guidelines. Instead, Texas law treats pets as property when you end a marriage or cohabitation.

What is a “Pet-Nup” or Pet Prenup?

A Pet-Nup is essentially an agreement for pets. This is an agreement between pet owners in a relationship about the fate of their pets if they separate. A petnup will outline the ownership and basic care for the animals, financial responsibility, visitation rights and even shared custody agreements.

In the state of Texas pets are considered property, so without a specific pet-nuptial agreement in place the judge will treat a pet like any other asset or piece of property. Boudreaux Hunter & Associates, LLC can answer your questions and help draft a petnup for you and your partner. Call us today at (713) 333-4430 to schedule a consultation.

The team at Boudreaux Hunter & Associates, LLC loves our fur babies, too! We are committed to helping you protect your rights and the best interests of your pet children.

Shannon Boudreaux uses a variety of factors to help the court determine custody of your pets. For example:

• Who purchased or acquired the pet, when and why?
• Who takes care of the pet and meets the pet’s daily needs?
• Was the pet neglected while under the care of either party?
• What are the work and travel schedules of each person?
• Does one party have custody of a child who is close to the pet?

Although judges do not award visitation schedules for pets, it is possible to enforce a written visitation schedule, if both parties agree to it.

Call to Start Your Case

If you are ending a marriage or cohabitation, you do not want to fight for legal custody of your beloved pets. With the help of our Houston pet custody lawyers, you can make sure the best interests of your furry family members are protected. Call our office today or fill out a contact form here and we will reach out to you.