Pets are often considered beloved family members, and deciding who gets custody of them can become a serious issue during a divorce. Before 2019, California courts treated household pets as property, an asset that can be divided between the parties, much like furniture or a vehicle. However, the law has evolved since. In 2019, California adopted which allows courts to consider the well-being of the pet when determining ownership and care in the divorce proceeding.
Under Family Code §2605, it states:
- The court, at the request of a party to proceed with a dissolution of marriage or for legal separation of the parties, may enter an order, before the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court’s final determination of ownership of the pet animal.
- Despite any other law, including, but not limited to, Section 2550. the court, at the request of a party to proceedings for dissolution of marriage or for the legal separation of the parties. may assign sole or joint ownership of a pet animal, taking into consideration the care of the pet animal.
- For the purpose of this section, the following definitions shall apply:
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- “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.
- “Pet animal” means any animal that is community property and kept as a household pet.
What does this mean?
This new law recognizes that pets are more than just property; they’re part of the family. As such, the Court now has the authority to make custody and visitation arrangements for pets during divorce proceedings.
Under California law, Courts can award either sole or joint ownership of a pet. Judges may consider which spouse has been the primary caregiver, along with what arrangement is in the best interest of the animal.
If you and your spouse cannot reach an agreement, the judge can evaluate various factors to determine a solution that serves both your interests and those of your pet. Further, Courts are now permitted to establish a shared or joint custody arrangement for pets. Couples going through a divorce can also request temporary orders that allow them to care for the pet while the final custody decision is pending.
What is Considered Care under Family Code §2605?
To make a fair and appropriate ruling, the Courts consider the pet’s well-being, including the emotional bond shared between the pet and each spouse. Family Court judges are allowed to consider the “care of the animal, which includes but not limited to who has been primarily responsible for the pet’s care over the years, including but not limited to, providing food, shelter, veterinary care, and other daily needs.
What is considered a “Pet Animal” under Family Code §2605?
The Court does not consider any animal a pet under this code. Instead, it applies specifically to animals that are considered community property and are kept as household pets. While this typically can include dogs and cats, it can also extend to other animals, if they are reasonably regarded as household pets.
If you are going through a divorce and are concerned about the custody of your pets, do not hesitate to contact Butler Law, PC. As a company, we understand that pets are more than just animals; they are cherished members of your family. Our experienced attorneys are here to help you navigate this sensitive issue and advocate for the best outcome for both you and your pet.
Below are pictures of our staff at Butler Law and their Pets:
