In May 2021, the New York State Legislature passed a bill proposing the adoption of the "best interest" standard in determining the custody of pets. Governor Hochul signed the bill on Oct. 25, 2021 and, effective immediately, the new state law now requires the court to apply many of the same factors in determining the custody of pets as it applies in determining custody in the "best interest" of a child.

These factors include but are not limited to: (1) the quality of the home environment, (2) the level of parental guidance, (3) the particular needs of the child, (4) the child's preference (if applicable) and (5) the desirability of keeping siblings together. As stated by the Court of Appeals in Eschbach v. Eschbach, 56 N.Y.2d 167 (1982), "in considering questions of child custody" the court "must make every effort to determine 'what is for the best interest of the child, and what will best promote its welfare and happiness.'" Clearly, the "best interests" analysis is a complicated, time-consuming, and costly process. Other often necessary considerations include testimony by a party and/or expert, appointing an attorney for the child, in camera reviews, forensic and psychological evaluations, and other professionally prepared reports.

The new state law raises many issues including what consideration should be given to the allocation of resources with respect to pet custody, when people are waiting months and sometimes years to have their child custody cases determined. Is New York opening the courthouse doors to hear testimony about which party is best suited to have custody of the dog, cat, and parakeet? Will experts such as Certified Pet Behavior consultants testify about the best interest of the pet? Will our judges be hearing about issues such as pet access, legal custody for pets (meaning which pet parent makes the major decisions for the pet), modification of custody, and enforcement proceedings? Will the judiciary be holding in cameras for pets? What will happen when one party believes the other is party is not living up to the court order or if there is a substantial change in circumstances that would warrant a change in custody? Where will it end?