Since pets are loved like family members, pet custody can become a severe issue during divorce. Pets are usually considered personal property, unlike children. Determining who gets to keep the pet after the divorce must be worked out in property division negotiations.
The new pet custody law in California aims to change this approach.
Who Gets to Keep the Dog or Other Pets in a Divorce?
In California, as of January 1st, 2019, pets are to be treated as more than community (marital) property during a divorce. Simply put, the pet’s best interests and future welfare will be considered while determining pet custody in California.
Under this new law, Assembly Bill 2274, a judge can settle disagreements over who gets the pet’s possession like they currently decide a child custody dispute – by considering who can provide the best care for the pet.
If you have decided to divorce your spouse, you can petition the court for joint or sole ownership of your cat or dog. The judge will have the authority to weigh factors such as:
- Who adopted or purchased the pet?
- Who spends more time with the pet?
- Who feeds and walks the pet?
- Who buys the food and pet toys?
- Who takes the pet to the vet?
The answers to these questions will help the judge decide which spouse is a better fit to take care of the pet after the marriage is officially over. This new law also ensures that the pet is cared for properly during divorce proceedings. You or your spouse can request an order requiring one of you to care for the pet until your divorce is finalized.
How the New Pet Custody Law in California Works
On September 27th, 2018, Governor Jerry Brown, a pet owner, signed the new bill into law. In addition to dogs and cats, this law extends to any animal that can be kept as a household pet. The bill states that family court judges can consider the “care of the animal” while awarding sole or joint custody to a spouse.
Before this law, pets were recognized as personal property and were treated as such. For example, before this new bill was passed, a judge could order the pet to be sold and the profits to be split between the divorcing couple if they didn’t agree regarding pet custody.
Fortunately, things have changed, and pets are now recognized as individuals, not personal property like furniture. If you and your spouse cannot agree, the judge now will have the authority to consider factors to find a solution that serves your pet and yourself’s best interests.
What Does This New Law Mean For Pet Owners in California?
The new pet custody law allows the courts to view pet ownership differently than, say, the ownership of a house or a vehicle. The California courts will now award custody based on what is best for the pet.
The courts are now also allowed to create shared or joint custody agreements for companion animals. In addition, the new bill enables either of the divorcing spouses to request an order where they can take care of the pet until the final custody decision is made.
In some cases, the soon-to-be-ex-spouses can agree to provisions for the care and visitation of a pet. If these agreements are presented to the judge, they can become enforceable court orders against a non-compliant spouse. If the spouses cannot reach an agreement – or if a shared custody arrangement is impossible – the parties can request the court to decide care arrangements.
Similar to a child custody case, the court can enter temporary orders to be put in place until the final arrangements are made at the end of the divorce proceedings. The judge can award joint custody or sole custody of the pet to either spouse on a set schedule.
Keep in mind that the judge may consider which spouse has taken care of the pet in the past, which spouse feeds and plays with the pet, which spouse will be able to care for the pet in the future, and other similar deliberations that bear upon the best interests of the animal.
This allows divorcing spouses to prove to the court that sole custody of the pet should be awarded due to the neglectful behavior of the other party. On the other hand, spouses also have the option to work together to arrange for the care of their pet and agree on a shared custody schedule.
Remember, it might be best for your pet to have a future with two loving owners to whom they are equally attached. Consult a caring and trusted California divorce lawyer for the right legal advice.
