Who Gets the Pets in a California Divorce?
Who gets the pets after a divorce in California?
In most households pets are considered family. Unfortunately, when you divorce in the state of California, pets have not historically been treated as anything other than property. Getting custody of your furry friend has been neither easy nor “black and white.”
However, California has recently come a long way toward recognizing the importance of pets in our lives. In 2019, our Family Code was revised to include a new § 2605, which reads:
“(a) 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.”
So, it is possible to have the court order one spouse or the other (or both) the care of a pet during the divorce or legal separation proceedings. Some things a court may consider when awarding care of a pet would include the following:
The spouse who originally acquired the pet;
The spouse with enough resources or space to care for the pet;
The spouse that has spent more time feeding, playing with, walking the pet, taking the pet to the veterinarian (i.e., a pet’s daily needs);
The spouse who can demonstrate they have had more of an emotional connection with the pet.
In order to make your case, consider these last few tips for you if you are facing a divorce and worried about having to litigate over your pet:
Make copies of important pet records like adoption records vaccinations, veterinary visits, grooming, etc.;
Keep copies of receipts or credit card statements for pet food and supplies;
Document your care of the pet - feedings, trips to the dog park, etc.
If you are going through a divorce in San Diego, or anywhere in California, and are worried about who will keep the pet(s), it’s in your best interest to speak with an attorney about your legal options. We are here to help.
Also, mediation can help you and your spouse determine the best course of action with your pets. A divorcing couple can come to an agreement of their choice that outlines who will own the pet, or fashion a shared custody arrangement. Choosing a neutral mediator is a great idea if you don’t feel you can come to a civil agreement together without some assistance.
As you can see, determining who keeps the pet after a divorce in the state of California is not cut and dry. It is important to work with an attorney who empathizes with your situation and has experience in handling pet matters during divorce.
If you’re worried about pet custody in your San Diego divorce, please contact us. As pet owners and family law attorneys, we are experienced and empathetic, and can help you gain clarity over your legal rights.