The question of who will get to keep the family pet in a divorce can be complicated. If the parties are unable to agree, the court will step in to make a decision on their behalf as part of the process. Unfortunately, courts around the country and here in Florida are bound by the rules of property division, since pets are considered property under the law.
Even so, many judges will not be so callous as to treat the family pet as he or she would a couch or sofa. Evidence may be accepted regarding who spends more time with the pet and is primarily responsible for its care. However, there will not typically be any judicial determinations made regarding visitation and other issues typically decided in child custody cases since the law does not support those types of orders.