Custody bill to solve divorce ‘pet peeve’

Fido and Kitty could soon have the same legal rights in divorce court as their owners’ actual kids.

A bill awaiting Gov. Cuomo’s signature would require a judge to consider the “best interest” of a pet before awarding custody in a contentious marital split.

“Animals are still considered property in New York, but one person is probably better suited to be the final owner,” Long Island divorce lawyer Michele Olsen said.

Olsen, who supports the measure, said that under existing case law, judges generally base their rulings on receipts showing who bought the critter and paid for food, toys and visits to the vet.

In some cases, the decision can even hinge on who has a nicer home — with a house and yard beating out a studio apartment, she said.

Olsen said she once handled a case in which a divorcing couple had two dogs — a Maltese and a Maltipoo — that they agreed to share, only to wind up back in court.

“Once my client started dating someone, the ex-wife didn’t like it,” Olsen said. “She decided that she was going to get back at him by using the animals.”

State Sen. James Skoufis (D-Newburgh), the chief sponsor of the bill, said it would make sure pets aren’t treated simply as assets to be divvied up on a spreadsheet.

“Someone’s cat or someone’s dog is a part of their family and should not be treated like a piece of furniture or their Honda Civic during a divorce,” said Skoufis, who owns a cat named Ruth after the late Supreme Court Justice Ruth Bader Ginsburg.

The bill overwhelmingly passed both houses of the state legislature in May, with the Assembly voting 142-15 and the Senate voting 62-1.

One of the “No” votes was cast by Assemblyman Mark Walczyk (R-Watertown), who said, “This is a classic trial lawyer bill and it really just allows attorneys to waste more time in the courts in what are already ugly and difficult situations.

“There is absolutely nothing that prevents a judge from considering the welfare of an animal right now,” he said.

If the bill is signed into law, New York would join states including California, Illinois and Alaska that have prioritized pets’ well-being amid matrimonial disputes.

The bill covers not only dogs and cats but “any other domesticated animal normally maintained in or near the household.” It specifically excludes farm animals and animals raised to be eaten or sold.

Cuomo — who owns a Northern Inuit dog named Captain — hasn’t yet signaled whether he’ll sign the bill.