New York State Law Recognizes Dogs as Legal Family Members

In an unprecedented move, New York State Law has recognized dogs as legal family members, altering the landscape of custody battles. Unlike its North American and European counterparts, where dogs are broadly classified as property in the wake of divorces or separations, New York State now treats dog ownership akin to child custody. This paradigm shift came into effect following the passing of Senate Bill 24248, signed into law by then-Governor Andrew Cuomo in October 2021.

Laying the Groundwork for Canine Custody

The new legislation mandates that courts must consider the best interest of a companion animal in divorce or separation proceedings. Factors weighed include each person’s ability and willingness to care for the pet, the relationship a child in the family may have with the pet, and the well-being and safety of the animal. Beyond emotional considerations, the law also takes into account pragmatic aspects such as medical and veterinary care costs.

With this law, New York State joins the ranks of Alaska, California, Illinois, Maine, and New Hampshire, thereby becoming one of the six states in the nation that have incorporated such legislation. This move is indicative of a growing societal shift in the perception of pets, particularly given that a majority of U.S. households now own pets. Dogs alone have found a place in 65.1 million American homes.

Despite its progressive stance on pet custody, New York State paints a less-than-stellar picture when it comes to other animal welfare measures.