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Pets, as animals, are generally considered property. However, civil courts recognize that pets and owners have an emotional relationship, and it is possible to sue for custody of a pet in divorce court during a gay marriage divorce. Rights to custody and access visits to pets vary from country to country, and mostly depend on precedents set by other concerned pet owners. It is a good idea to read up on previous cases where custody of a pet was awarded in a divorce court in your area, in order to have reasoning to argue in court.