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SAMPLE PET CUSTODY AGREEMENT

This pet custody agreement is between (""), an individual, and (""), an individual.

The parties were in a nonmarital relationship, having lived together since .

During the course of their relationship, the parties acquired certain pets, namely ,  and  ,  and  ,  and  ,  and  (the "Pet(s)").

The parties are in the process of dissolving their relationship and wish to divide custody of the Pet(s).

The parties therefore agree as follows: 

1. CUSTODY AND VISITATION.

Considering the best interests of the Pet(s), the parties establish the primary physical and residential care of the Pet(s) with , with visitation access and rights in   as follows: .The parties will retain joint ownership or guardianship of the Pet(s). The Pet(s)' time will be divided between the parties as follows: .The parties will divide the primary physical and residential care of the Pet(s), with   going to with   and , , ,  going to with  going to with  going to with  going to with   and , ,  going to with going to with going to with   and ,  going to with going to with   and  going to with . The party who does not have primary physical and residential care of a Pet will have visitation access and rights as follows: .

2. EXPENSES.

Having considered their respective financial circumstances, their respective present and future earning capacities, and their respective custody obligations, the parties shall allocate expenses for the Pet(s) as follows:

  • (a) Veterinarian. The parties are equallyEach party during his or her period of custody  is responsible for veterinary expenses incurred on behalf of the Pet(s), including expenses for medication.
  • (b) Grooming. The parties are equallyEach party during his or her period of custody  is responsible for grooming expenses incurred on behalf of the Pet(s).
  • (c) Pet Food. The parties are equallyEach party during his or her period of custody  is responsible for pet food expenses (including treats) incurred on behalf of the Pet(s).
  • (d) Pet Toys. The parties are equallyEach party during his or her period of custody  is responsible for pet toy expenses incurred on behalf of the Pet(s).
  • (e) Miscellaneous. The parties are equallyEach party during his or her period of custody  is responsible for miscellaneous expenses incurred on behalf of the Pet(s).

3. TRANSPORTATION ARRANGEMENTS.

The Pet(s) shall be exchanged between the parties as follows: . Long-distance transportation costs, if applicable, shall be paid by the parties equally. For purposes of transportation, "long distance" is defined as more than 100 miles. 

4. FUTURE INCOME.

After the Effective Date, all income earned by the Pet(s) shall be the property of both parties, to be divided equally.

5. LIMITATIONS ON TRANSFER.

Under no circumstances may a party sell, lease, or give the Pet(s) to a pet shop, research laboratory, or similar facility (including pounds or rescues). If a party can no longer provide a home for the Pet(s), he or she shall notify the other party before making a transfer and the other party shall reclaim the Pet(s) at the party's expense. If this is not possible, the other party will help find a new home for the Pet(s). If the Pet(s) are relocated under this section, the parties shall help with any legal actions necessary to transfer ownership and registration of the Pet(s).

6. MAJOR DECISIONS.

Both parties have the right to make major decisions affecting the Pet(s). Each party may make decisions regarding the day-to-day care of the Pet(s) while the Pet(s) are residing with that party, including any emergency decisions affecting the health or safety of the Pet(s)without consultation with the other party. The party with whom the Pet(s) are then residing will be responsible for taking the Pet(s) to any regularly scheduled veterinary appointments and for handling any veterinary emergencies.

7. ADDITIONAL PROVISIONS.

  • (a) Relevant Information. Each party shall promptly notify the other party of any information received about the Pet(s), either from a veterinarian or otherwise.
  • (b) Access to Records. Both parties shall have access to the Pet(s)' records and information, including information about health, sitters, walkers, and veterinarians.
  • (c) Schedule Consultation. The parties shall consult with each other before scheduling any activity that would impact time the other party spends with the Pet(s).
  • (d) Return of Property. Each party shall return with the Pet(s) the effects that were provided with the Pet(s) at the beginning of the period of possession.
  • (e) Contact Information. Each party shall promptly notify the other party of any change of address, phone number, or cell phone number so that the other party may exercise their visitation time and contact the other party as needed.

8. REPRESENTATIONS.

The parties each represent that he or she:

  • (a) is a fit and proper person to have the care, custody, and control of the Pet(s);
  • (b) is not under any duress or undue influence of the other party, and is voluntarily entering into this agreement;
  • (c) had the opportunity to consult with an attorney before signing this agreement; and
  • (d) has not entered into any separate contract, understanding, or agreement, whether express, implied in fact, or implied in law, relating to his or her respective property and contractual rights and obligations, and that all such rights and obligations are set forth in this agreement.

9. GOVERNING LAW.

  • (a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
  • (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in  County, .

10. AMENDMENTS.

No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.

11. COUNTERPARTS; ELECTRONIC SIGNATURES.

  • (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
  • (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

12. SEVERABILITY.

If any provision contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated under this agreement to be unreasonable.

13. NOTICES.

  • (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
  • (b) Addresses. A party shall address notices under this section to a party at the following addresses:
  • If to : 
,  
  • If to : 
,  
  • (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

14. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

15. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

16. HEADINGS.

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

17. EFFECTIVENESS.

This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

18. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature.
Date: _______________________________________ By: _________________________________________________
Name: 
Date: _______________________________________ By: _________________________________________________
Name: 

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Here's the info you'll need to have handy to complete your doc:

  • Who it pertains to

    Have the names of both parties ready.

  • The pets affected

    Know the number of pets, and their names.

  • Custody decisions

    Decide who will have custody of each pet, and what visitation rights the other party will have.

  • Expenses

    Be ready to propose decisions about costs of pet care, including food, medical needs, and toys.

What's a pet custody agreement?

When a relationship ends, division of joint property is common. But when that includes animal companions who feel like members of the family, a fair custody solution can be challenging. A pet custody agreement sets up terms so both parties can compromise on matters like animal care, visitation, and other common concerns. 

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Sample pet custody agreement

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This pet custody agreement is between (""), an individual, and (""), an individual.

The parties were in a nonmarital relationship, having lived together since .

During the course of their relationship, the parties acquired certain pets, namely ,  and  ,  and  ,  and  ,  and  (the "Pet(s)").

The parties are in the process of dissolving their relationship and wish to divide custody of the Pet(s).

The parties therefore agree as follows: 

1. CUSTODY AND VISITATION.

Considering the best interests of the Pet(s), the parties establish the primary physical and residential care of the Pet(s) with , with visitation access and rights in   as follows: .The parties will retain joint ownership or guardianship of the Pet(s). The Pet(s)' time will be divided between the parties as follows: .The parties will divide the primary physical and residential care of the Pet(s), with   going to with   and , , ,  going to with  going to with  going to with  going to with   and , ,  going to with going to with going to with   and ,  going to with going to with   and  going to with . The party who does not have primary physical and residential care of a Pet will have visitation access and rights as follows: .

2. EXPENSES.

Having considered their respective financial circumstances, their respective present and future earning capacities, and their respective custody obligations, the parties shall allocate expenses for the Pet(s) as follows:

  • (a) Veterinarian. The parties are equallyEach party during his or her period of custody  is responsible for veterinary expenses incurred on behalf of the Pet(s), including expenses for medication.
  • (b) Grooming. The parties are equallyEach party during his or her period of custody  is responsible for grooming expenses incurred on behalf of the Pet(s).
  • (c) Pet Food. The parties are equallyEach party during his or her period of custody  is responsible for pet food expenses (including treats) incurred on behalf of the Pet(s).
  • (d) Pet Toys. The parties are equallyEach party during his or her period of custody  is responsible for pet toy expenses incurred on behalf of the Pet(s).
  • (e) Miscellaneous. The parties are equallyEach party during his or her period of custody  is responsible for miscellaneous expenses incurred on behalf of the Pet(s).

3. TRANSPORTATION ARRANGEMENTS.

The Pet(s) shall be exchanged between the parties as follows: . Long-distance transportation costs, if applicable, shall be paid by the parties equally. For purposes of transportation, "long distance" is defined as more than 100 miles. 

4. FUTURE INCOME.

After the Effective Date, all income earned by the Pet(s) shall be the property of both parties, to be divided equally.

5. LIMITATIONS ON TRANSFER.

Under no circumstances may a party sell, lease, or give the Pet(s) to a pet shop, research laboratory, or similar facility (including pounds or rescues). If a party can no longer provide a home for the Pet(s), he or she shall notify the other party before making a transfer and the other party shall reclaim the Pet(s) at the party's expense. If this is not possible, the other party will help find a new home for the Pet(s). If the Pet(s) are relocated under this section, the parties shall help with any legal actions necessary to transfer ownership and registration of the Pet(s).

6. MAJOR DECISIONS.

Both parties have the right to make major decisions affecting the Pet(s). Each party may make decisions regarding the day-to-day care of the Pet(s) while the Pet(s) are residing with that party, including any emergency decisions affecting the health or safety of the Pet(s)without consultation with the other party. The party with whom the Pet(s) are then residing will be responsible for taking the Pet(s) to any regularly scheduled veterinary appointments and for handling any veterinary emergencies.

7. ADDITIONAL PROVISIONS.

  • (a) Relevant Information. Each party shall promptly notify the other party of any information received about the Pet(s), either from a veterinarian or otherwise.
  • (b) Access to Records. Both parties shall have access to the Pet(s)' records and information, including information about health, sitters, walkers, and veterinarians.
  • (c) Schedule Consultation. The parties shall consult with each other before scheduling any activity that would impact time the other party spends with the Pet(s).
  • (d) Return of Property. Each party shall return with the Pet(s) the effects that were provided with the Pet(s) at the beginning of the period of possession.
  • (e) Contact Information. Each party shall promptly notify the other party of any change of address, phone number, or cell phone number so that the other party may exercise their visitation time and contact the other party as needed.

8. REPRESENTATIONS.

The parties each represent that he or she:

  • (a) is a fit and proper person to have the care, custody, and control of the Pet(s);
  • (b) is not under any duress or undue influence of the other party, and is voluntarily entering into this agreement;
  • (c) had the opportunity to consult with an attorney before signing this agreement; and
  • (d) has not entered into any separate contract, understanding, or agreement, whether express, implied in fact, or implied in law, relating to his or her respective property and contractual rights and obligations, and that all such rights and obligations are set forth in this agreement.

9. GOVERNING LAW.

  • (a) Choice of Law. The laws of the state of govern this agreement (without giving effect to its conflicts of law principles).
  • (b) Choice of Forum. Both parties consent to the personal jurisdiction of the state and federal courts in  County, .

10. AMENDMENTS.

No amendment to this agreement will be effective unless it is in writing and signed by a party or its authorized representative.

11. COUNTERPARTS; ELECTRONIC SIGNATURES.

  • (a) Counterparts. The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
  • (b) Electronic Signatures. This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party's signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.

12. SEVERABILITY.

If any provision contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated under this agreement to be unreasonable.

13. NOTICES.

  • (a) Writing; Permitted Delivery Methods. Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
  • (b) Addresses. A party shall address notices under this section to a party at the following addresses:
  • If to : 
,  
  • If to : 
,  
  • (c) Effectiveness. A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.

14. WAIVER.

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.

15. ENTIRE AGREEMENT.

This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties' agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement's effectiveness.

16. HEADINGS.

The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement's construction or interpretation.

17. EFFECTIVENESS.

This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party's signature) will be deemed the date of this agreement.

18. NECESSARY ACTS; FURTHER ASSURANCES.

Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.

[SIGNATURE PAGE FOLLOWS]

Each party is signing this agreement on the date stated opposite that party's signature.
Date: _______________________________________ By: _________________________________________________
Name: 
Date: _______________________________________ By: _________________________________________________
Name: