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Can I Get Custody or Visitation of a Pet After Divorce or Breakup?

  • Writer: Michael Capleone, Sr.
    Michael Capleone, Sr.
  • May 10
  • 4 min read

Updated: May 28

When a relationship ends, the emotional toll can be overwhelming. And sometimes, in the chaos of a breakup or divorce, a beloved pet becomes collateral damage. If your ex took your pet purely out of spite, you’re likely asking yourself: Can I get custody or visitation rights?


Here’s the tough truth: in most states, including Alabama, pets are still legally considered property—not children. That means courts often award them to one person only, typically without a formal visitation plan.


But don’t lose hope.


If you owned the pet before the relationship, you may have a strong claim—especially if you have proof like adoption records, vet bills, or microchip documentation. If the pet was acquired during the relationship, your case becomes about who was the true primary caregiver. Courts might consider who fed, walked, and took care of the pet on a daily basis.


In Alabama, you may be able to file a replevin action—a legal way to get property back if wrongfully taken. You can also try to negotiate a pet custody agreement during divorce mediation, or even propose an informal visitation schedule.


The key? Legal Strategy, documentation, and keeping your emotions in check.


If your ex is narcissistic or high-conflict, remember: they’re using the pet to provoke you. The more calm and clear you remain, the better your chances—both emotionally and legally.


Want a full breakdown of your legal options, negotiation strategies, and ways to protect your peace and your pet? My guide titled: My Ex Took Our Pet Out of Spite – Can I Get Visitation or Custody Rights? This guide puts a solid game-plan in your hands. Get the Guide!


You're not alone—and you're not powerless. These simple, but informative and powerful guides that are strategic, legal, and provide sharp emotional tools that work. These guides are inexpensive, give you valuable knowledge, and peace of mind in addressing the issue you’re facing at a fraction of what it would cost to receive this same information from an in-person consultation with a professional.    


Get this powerful Guide Here!


Need more step-by-step legal and emotional strategies? Download these focused guides:


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About Michael Capleone, Attorney at Law

Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.

Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond. 

These guides are written in a brief and concise way to get you powerful and useful information that you can easily print off in a reasonable small number of pages. Each guide is a concentrated, no-fluff resource — around 4-5 pages packed with professional insight, legal strategy, and emotional survival tactics. They are designed to cover the real pain points people face in courtrooms and custody fights: defending yourself against false accusations, exposing manipulation without looking petty, protecting your financial future, and keeping your relationship with your children strong in the middle of conflict.

For less than the cost of a single attorney consultation, you get targeted strategies built from over 22+ years of real-world family law experience. These aren’t generic blog articles or cookie-cutter templates. Every guide is designed to give you immediate, actionable steps — the same strategies I teach my own clients — adapted for real people dealing with real, high-stakes problems.

If you're serious about defending your rights, protecting your children, and staying one step ahead of a manipulative ex, these guides aren't just helpful — they're essential. They will save you time, reduce your stress, and help you make smarter moves when everything is on the line.

Winning in court isn’t just about having evidence. It’s about understanding the psychology, the patterns, and the legal strategies that judges actually respond to. These guides put that power in your hands. If you’re ready to stop reacting and start taking control, you’re exactly where you need to be!

For more information on Michael Capleone’s legal services or to schedule a consultation. An experienced Hoover, Alabama family law attorney that guides clients through legal strategy, emotional challenges, relationship problems, legal matters and more to achieve the best positive outcomes. Note: Licensed in the State of Alabama only. 

This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this  blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.

Man in sunglasses, white shirt, and tie stands holding a jacket by glass building doors. Background has warning signs and reflection.
Attorney Michael Capleone




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