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Pet Custody > Maryland

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Pets As Personal Property

Legal Framework

In Maryland, pets are legally classified as personal property in divorce proceedings. This means that when a couple divorces, their pet is treated similarly to any other marital asset—such as a vehicle, piece of furniture, or financial account. The court’s role is to determine ownership, not to evaluate what is in the best interest of the pet, which stands in sharp contrast to how child custody is handled.

The law does not currently recognize pets as dependents or family members, despite their emotional significance to many households. As such, decisions are based more on property rights than on companionship or emotional bonds.

Case Law

Maryland courts have largely adhered to the principle that pets are property. As a result, there is limited case law specific to “pet custody.” Courts generally shy away from treating pets in the same way they would children, avoiding issues related to custody or visitation.

Evaluation And Consideration

When determining who retains ownership of a pet, Maryland courts may evaluate several factors:

  • Primary Caregiver: Who primarily took care of the pet?
  • Financial Ability: Who has the financial means to care for the pet post-divorce?
  • Acquisition: Who purchased the pet?

Maryland does not currently have any specific statutes addressing pets in divorce cases. However, the growing recognition of pets’ roles in families has sparked discussions about potential legal reforms.

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