Massachusetts Just Took a Major Step Forward for Pet Custody Rights. Dobby Helped Lead the Way

Massachusetts moved one step closer to recognizing what so many pet owners have always known: our pets are family.

But now it's becoming more real, thanks to one Massachusetts Appeals Court justice and one groundbreaking pet custody case that pushed our courts to reconsider how they view the human-animal bond.

Dobby, the dog at the center of a groundbreaking Massachusetts pet custody case that moved the Appeals Court to consider the best interests of pets in custody disputes.

How We Got Here

Our client spent four long years separated from her dog, Dobby, after her former partner allegedly refused to continue sharing him. She tried to resolve the pet custody matter twice in court with previous counsel, but nothing changed.

When Boston Dog Lawyers took on the case, we filed in Massachusetts Superior Court and secured a preliminary injunction affirming her equal possession rights.

Jeremy Cohen, founder of Boston Dog Lawyers, with Teddy Bear the Pomeranian—the dog at the center of Lyman v. Lanser, the 2024 landmark case that established precedent for pet custody rights in Massachusetts.

That decision built directly on our 2024 landmark case, Lyman v. Lanser — the case centered on Teddy Bear the Pomeranian, which established a precedent that pets can be treated as unique property and that Massachusetts courts can enforce pet-sharing agreements between unmarried co-owners.

But now, we've advanced even further in pet custody law.

A New Step Up the Staircase: The Appeals Court Speaks

A Single Justice of the Massachusetts Appeals Court reviewed the matter and made a pivotal observation: in pet custody cases like Dobby's — with similar fact patterns of joint ownership and a severed relationship — courts should consider the best interests of the dog.

This is monumental for pet custody rights in Massachusetts.

Dobby, reunited with his owner after a Massachusetts Appeals Court ruling that recognized pets as family members and called for courts to consider the best interests of dogs in custody disputes.

Massachusetts is not suddenly applying a child-custody framework to pets. This is not a statewide statutory overhaul. But it is the next step up the legal staircase that began with Lyman, and it signals a judicial willingness to treat companion animals as more than objects to be divided in pet custody disputes.

The Justice's words say it best:

"Dobby is not a jointly-owned baseball card collection… Dobby was intended, as pet dogs ought to be, to be part of the family."

This is exactly what so many pet parents have felt for years — and now our Massachusetts courts are beginning to say it out loud.

Why Pet Custody Law Matters

Right now, only eight states in the U.S. require courts to consider an animal's best interests in pet custody disputes. Massachusetts is edging toward that territory — case by case, client by client.

Dobby, the dog whose four-year custody battle led to a pivotal Massachusetts Appeals Court ruling that pets should be treated as family, not property, in custody disputes.

The Appeals Court didn't rewrite pet custody law wholesale. But it did acknowledge that:

• pets are not ordinary property,

• the human-animal bond matters in custody cases, and

• courts must be mindful of how their decisions affect the well-being of the dog at the center of the dispute.

This is a significant development in Massachusetts pet custody law — and a signal that the legal landscape is evolving.

Boston Dog Lawyers' Commitment to Pet Custody Cases

We're proud to be part of that evolution in pet custody law.

Every pet custody case we handle moves the conversation forward: that pets are family, that their relationships with their humans deserve legal protection, and that pet custody law must keep pace with reality.

We will keep advocating fiercely and persistently on behalf of pets like Dobby and Teddy Bear, and the people who love them.

Disclaimer: The information in this post is provided for general educational purposes only and does not constitute legal advice. Reading this post does not create an attorney–client relationship between you and Boston Dog Lawyers or any of its attorneys.