Question
If I register my dog as an emotional support animal and me my wife break up, does she have to give back my dog or is she allowed too keep it?
Answer
Merely registering a dog as an emotional support animal will not definitively resolve a pet custody dispute. A few states (Alaska, Illinois, and California) have passed laws specifically allowing courts to consider the interests of animals when determining custody. Even without such laws, some courts have done so anyway but others have viewed animals as property. Ideally, parties would work out a pet custody arrangement that considers the animal’s best interests. Some people enter into prenuptial or post-nuptial agreements.
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