Pets are family. We care for them, feed them and form a bond that is a major consideration when filing for divorce. Pet custody in a California divorce is part of Assembly Bill No. 2274, which adds pet animals to the division of community property.
Pets are no longer just physical property under the law. You may have an arrangement where you or your spouse are granted sole custody, but there are also cases where the court grants shared custody.
Visitation rights and schedules can be granted by courts to loving pet parents who want to maintain the close bonds they have with their animals even after a divorce.
How Are Pets Considered In A California Divorce?
Governor Jerry Brown signed Assembly Bill No. 2274 into law, which includes any household pet as community property. California’s law changes prioritize your animal’s well-being, much like what happens in child custody arrangements.
Prior to the law change in 2019, pets were considered physical property in a divorce. Now, instead of pet custody being determined based on which spouse adopted or purchased the animal, judges may:
- Consider custody while the divorce is being finalized. For example, the judge may issue an order for one spouse to care for the animal until final ownership is determined.
- Grant multiple forms of custody, such as sole or shared custody.
Judges can step in to assist with pet custody in a California divorce, but the law only offers guidance on agreements. Spouses can come to their own agreement on custody and avoid a legal battle. A judge will generally only step in and decide on custody matters when spouses cannot come to an agreement.
If a pet custody arrangement is agreed upon and spouses approved by a judge, it then becomes an enforceable court order. Spouses must follow the agreement, or they may be found non-compliant.
Custody arrangements may include:
- Sole Custody: Sometimes, one spouse has a close bond with a pet, and the other does not. Your spouse may not want custody and grant it to you, or you may be the more stable spouse and can provide better care for the pet. Sole custody grants 100% ownership and care of the animal to a single spouse.
- Shared Custody: If both spouses still want to spend time with the animal and share custody, they can. Visitation schedules are often made that divide the pet’s time between divorcees. Caretaking responsibilities are part of the agreement so that all parties understand their role in caring for the family pet.
Spouses can disagree on pet custody, too. If one spouse prefers sole custody of the animal, the court will consider who will provide the best care of the animal which includes, but is not limited to, the prevention of acts of harm or cruelty and the provision of food, water, veterinary care, and safe and protected shelter.
Mediation may be a good option and offers an unbiased mediator to step in and help identify solutions that may work best for all parties. A mutual agreement helps avoid the court stepping in to make decisions on pet custody.
What Factors Will The Court Consider When Determining Your Pet’s Custody Arrangement?
Pets are more than just property – they’re family. For this reason, California’s pet custody laws share many similarities with child custody laws.
The pet’s best interest will always be paramount, and the court will consider several factors when determining what is best for your pet, such as:
- Living arrangements. The court will evaluate each owner’s living situation and may consider factors like your proximity to parks or walking areas, whether you have ample space for your pet, or if you’re close to pet-friendly amenities.
- Caregiving and finances. Your pet’s well-being is the main priority. The court will consider your ability to provide for your pet’s needs, including veterinary care and ensuring your companion gets enough exercise.
- Ownership history. A judge may consider who purchased or adopted the pet or who has been primarily responsible for the animal’s care.
- If the pet has a strong emotional bond with one owner, the court may consider this factor when making custody decisions. Evidence of this bond may include photos, videos and testimonies from loved ones.
The court may also consider other factors that are unique to your case. If the pet was a gift to one spouse, for example, sole custody may be awarded to the receiving spouse. A service animal will likely be given custody to the spouse who needs the assistance, but split custody arrangements may also be awarded.
If both spouses live near each other, the judge may decide that a shared custody arrangement with visitation would be in the pet’s best interest.
There are several factors that will come into play when determining your pet’s custody arrangements, many of which will be unique to your case.
It’s important to understand your options and how to make your case if you’re seeking sole custody of your pet.
An experienced family lawyer from Wine Country Family Law, P.C., can help you navigate the complexities of pet custody in a California divorce.
How An Attorney Can Help With Your Pet Custody Disagreement
Pet custody decisions are difficult, especially when strong bonds and emotional attachments are involved. If you and your spouse cannot come to an agreement on who will care for your pet, the attorneys at Wine Country Family Law, P.C., can help.
We understand that custody arrangements can be emotionally challenging and add to the overall stress and complications of divorce. You do not have to walk this path alone. Our experienced lawyers will listen to your story, answer your questions and help you pursue your desired outcome for your pet.
Get in touch with us online or call our firm at 707-669-0841 to schedule a consultation and learn about your options for pet custody in a California divorce.
