California has now codified the concept of “Best Interest of the Pet” in Assembly Bill 2274, which came into effect January 1, 2019.
Previously California law generally required that courts divide all “community property” – property acquired during the marriage, including companion animals – that means the pets were treated no differently than inanimate objects like electronics, cars, and furniture. But there is a growing interest to use custodial analysis in determining who should get the family pets in a divorce.
The new law approves courts to decide ownership of pets in divorce cases. Courts can assign the property of the pet and recognize the well-being of the animal as well.
Custodial rights of the pet can be sole or joint and can address issues of care, such as protection from cruelty, provisions for food, water, veterinary care, and shelter. Of course, visitation rights can be established. All of these clauses are part of the divorce agreement and can be disputed and litigated, on the same plane as missed alimony payments.
The law also adds the capacity for a person in the divorce to request an order that would require one person in the marriage to care for the pet before the divorce becoming final.
The new law is Family Code Section 2605. It states:
The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to 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.
The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to 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.
(b) Notwithstanding 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 legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.
(c) For purposes of this section, the following definitions shall apply:
(1) “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.
(2) “Pet animal” means any animal that is community property and kept as a household pet.
The author of the new law is Democratic assemblyman Bill Quirk. In an interview with NBC, Quirk stated, “To treat a pet as property made no sense to me. We’ve actually had judges who said you can sell the dog and split the proceeds.”
Not surprisingly, California, as a progressive state, is the first state in the country to have such a law.
WHAT HAPPENS TO MY PET AFTER A DIVORCE?
Under Family Code Section 2605, courts can assign sole or joint ownership of a community property pet – similar to cases of child custody.
During a divorce concerning a pet, a family law judges will determine temporary custody of the pet before a final decision is made. Shared custody agreements are also an option if it is determined that spending time with both parties is in the best interest of the pet.
The implementation of AB 2274 gives courts and families more control over what happens to pets after a divorce. By making the courts consider the care and well-being of animals, it also guarantees the health and safety of pets.
CONTACT A SKILLED FAMILY LAW ATTORNEY TODAY
Divorce battles can be tough, and it can be even more complicated when the divorcing parties have a shared pet or multiple pets. That is why you should not wait to contact an experienced family law attorney immediately if you are going through a divorce. A skilled family lawyer will be able to guide you through the legal process and help you obtain a favorable outcome in your case.
Contact our law firm today at 562-439-9001if you or someone you know needs the help of an experienced family law attorney. We will be there when you call.
If you have recently been served with divorce papers in Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach, or Los Angeles; we can help you. William D. Evans family law attorneys are here to help you. Contact our law firm today at 562-439-900, schedule a free consultation!
