I have seen a dramatic increase in clients inquiring about custody of their pet(s). Under Connecticut law, pets are considered property – like a house, car or other asset.
Therefore, the term “pet custody” is somewhat misleading. Unlike issues concering children, the judge is not required to take into account the “best interest” of the pet. Furthermore, I am not aware of any contested cases where the judge awards custody to one party and visitation to the other party. As such, it is really the judge deciding ownership – not custody.
Finally, since a pet is property, there is no possibility of filing a motion to modify the award of ownership.
Divorce lawyers see increase in pet custody cases – Spokesman.com – March 3, 2012.