Pet Custody Agreement - Template, Sample Form Online Pro · US-law
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PET CUSTODY AND CO-OWNERSHIP AGREEMENT
State of ________
This Pet Custody and Co-Ownership Agreement (this “Agreement”) is entered into and made effective as of the date of the last signature set forth at the end of this document (the “Effective Date”), by and between the following parties:
________, having primary contact information as follows:
Address: ________
Phone: ________
Email: ________
and ________, having primary contact information as follows:
Address: ________
Phone: ________
Email: ________
Hereinafter, “Party A” shall refer to ________, and “Party B” shall refer to ________. Party A and Party B may be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, the Parties live or shortly will be living separate and apart from one another;
WHEREAS, the Parties share a property interest in the Companion Animal identified below, which under applicable law is recognized as personal property;
WHEREAS, the Parties desire to set forth in writing their mutual understanding regarding the custody, care, possession, and visitation of their Companion Animal;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. COMPANION ANIMAL INFORMATION
The companion animal that is the subject of this Agreement (the “Companion Animal”) is identified as follows:
Name: ________
Species: ________
Date of Birth/Age: ________
Gender: ________
Color/Markings: ________
Breed: ________
Microchip/License Number (if any): ________
The Parties acknowledge that the Companion Animal is, under the law of the State of ________, classified as personal property, and that this Agreement allocates the Parties’ respective rights and obligations with respect to such property.
§ 2. CUSTODY AND VISITATION
2.1 Primary custody and physical possession of the Companion Animal shall rest with the following Party: ________ (the “Custodial Party”). The other Party (the “Non-Custodial Party”) shall have visitation and possession rights as follows:
________
2.2 Should either Party incur any travel costs in exercising visitation rights, those costs shall be the sole and exclusive responsibility of the Party incurring them and shall not be shared between the Parties unless otherwise agreed in writing.
2.3 The Companion Animal shall at all times be transported in a safe and lawful manner, in compliance with all applicable state and local animal-welfare ordinances.
§ 3. UNUSUAL OR MODIFIED SCHEDULE
3.1 Should either Party face an unusual schedule, such as a vacation, work obligation, or other event necessitating a departure from the agreed-upon schedule, the Parties shall confer in good faith and arrive at a workable solution for the care of the Companion Animal, such that no Party receives materially less possession time than that Party would otherwise enjoy under the normal schedule.
3.2 Should either Party wish to bring the Companion Animal on a trip out of town, that Party shall discuss the specifics of the trip with the other Party no later than fourteen (14) days beforehand, including the duration, location, and arrangements for the care of the Companion Animal during such time. Consent to take the Companion Animal out of town shall not be unreasonably withheld, conditioned, or delayed.
§ 4. CARE OF THE COMPANION ANIMAL
The Parties agree that proper care, including all necessities and reasonable comforts, shall be provided to the Companion Animal at all times. Proper care includes the following:
a) Adequate food, water, and shelter. Specific feeding instructions for the Companion Animal are as follows:
________
b) Appropriate bathroom facilities or outdoor walks so that the Companion Animal may relieve itself appropriately;
c) Adequate exercise and socialization;
d) Veterinary visits as needed and appropriate;
e) Proper care in the event of any emergency, including prompt transportation to a veterinary office, clinic, or hospital, and prompt notification to the other Party of such emergency.
Except as otherwise provided in this Agreement, ________ shall be primarily responsible for all routine expenses of the Companion Animal, other than veterinary care, which is addressed separately in § 6.
§ 5. ABANDONMENT AND RELINQUISHMENT
5.1 Should either Party desire to abandon the Companion Animal or relinquish that Party’s rights hereunder, the other Party shall receive sole and exclusive custody and ownership of the Companion Animal, free and clear of any and all claims of the relinquishing Party. A revised visitation schedule may be established by mutual written agreement if the Parties so desire.
5.2 Should circumstances arise in which neither Party is able to care for the Companion Animal, the Parties shall confer in good faith to identify a suitable individual or organization with whom the Companion Animal may be placed.
§ 6. VETERINARY CARE
6.1 The Parties agree that the designated veterinary provider for the Companion Animal is as follows:
________
6.2 For routine care and health maintenance of the Companion Animal, including annual veterinary visits and preventative treatments, the following Party shall be responsible for scheduling, transportation, payment, and all related obligations: ________.
6.3 For unforeseen visits or emergencies, the Party then having custody or possession of the Companion Animal shall be responsible for scheduling, transportation, payment, and other related obligations, subject to reimbursement or cost-sharing only as the Parties may agree in writing.
§ 7. INSURANCE
§ 8. IDENTIFICATION AND LICENSING
________ shall be primarily responsible for all identification and licensing obligations and fees for the Companion Animal. ________ shall be registered on all official documents and records as the owner of the Companion Animal, including with any microchipping registry, if applicable. The other Party shall be listed as an emergency or secondary contact where permitted.
§ 9. END-OF-LIFE DECISIONS
In the event a decision must be made as to whether the Companion Animal will be humanely euthanized, ________ shall be the sole and exclusive decision-maker and shall decide how to handle the Companion Animal’s remains. The other Party shall be notified as soon as is reasonably practicable in order to attend and say goodbye to the Companion Animal.
§ 10. DISPUTE RESOLUTION
10.1 In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the Parties shall first attempt to resolve the matter through good-faith negotiation.
10.2 If the dispute is not resolved through negotiation, the Parties agree to submit the matter to mediation administered by a mutually agreed mediator located in ________, with the costs of mediation shared equally between the Parties, before resorting to litigation.
§ 11. GENERAL PROVISIONS
a) GOVERNING LAW; VENUE: This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, together with any applicable federal law. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________, State of ________, and agree that this provision is mandatory and not permissive in nature.
b) ASSIGNMENT: Neither this Agreement nor any rights granted hereunder may be assigned, sold, leased, or otherwise transferred, in whole or in part, by either Party without the prior written consent of the other Party.
c) AMENDMENTS: This Agreement may be amended only by a writing signed by both Parties.
d) WAIVER: The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or of the right to enforce it thereafter.
f) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral.
g) HEADINGS: Headings in this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms hereof.
h) COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement may be executed in counterparts, including by electronic signature in accordance with the federal E-SIGN Act and applicable state law, each of which shall constitute an original and all of which together shall constitute a single agreement. If the signature dates differ, this Agreement shall be effective as of the later date.
EXECUTION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
Name: ________
Signature: _________________________
Date: ________
Name: ________
Signature: _________________________
Date: ________
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