As more and more couples decide not to have children, many turn to pets to fill the void. Statistics show that 59.8 million households in the United States own dogs, while 42.2 million homes have cats. Many people love their pets like their kids, so this begs the question: what happens to these animals in a divorce?
You may wonder if you can get custody agreements like you do for a child. The good news is that you can in some states. More and more states are understanding the bond that people have with their pets and are creating laws that treat our furry and feathered friends as more than just property.
Most states handle pets under property division laws. They treat Fido, Fluffy, and Tweety like they are pieces of furniture. The good news is that California is progressive when it comes to these types of issues.
AB 2274 became law on January 1, 2019. California Assemblymember Bill Quirk stated that
“the signing of AB 2274 makes clear that courts must view pet ownership differently than the ownership of a car, for example. By providing clearer direction, courts will award custody on what is best for the animal.”
AB 2274 amended California’s Family Code to differentiate companion animals from other types of marital assets. Under the new law, courts can legally create “shared custody” agreements for companion animals. They can also require a party to care for the animal before determining final ownership.
So, how does the judge make a decision? Just like in child custody cases, the best interests and well-being of the animal are paramount. A person going through a divorce can petition the court for joint or sole ownership of their pet. The judge will then make a decision based on factors related to the care of the pet, such as:
- Who adopted or purchased the pet?
- Who feeds the pet?
- Who buys the food and toys?
- Who spends more time with the pet?
- Who takes the pet to the vet?
California was the third state to pass such legislation regarding the care of companion animals in the event of a divorce. Alaska and Illinois passed similar legislation a few years prior.
The passing of this law is notable considering that custody battles over animals have been on the rise in recent years. This shows the huge role that animals play in people’s lives. Even in states that do not have animal custody laws in place, courts are increasingly allowing these cases in court.
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California law makes it clear that pets are more than inanimate objects like TVs and cars. They are living, breathing creatures, with custody laws in place just like children.
Want custody of your beloved dog? Worried about what will happen to your cat in a divorce? Contact The Law Offices of Oliver Gutierrez in Redwood City. We will help you understand the property division and custody laws involved and work hard to help you obtain the best outcome possible. Call (650) 285-1673 or fill out the online form to schedule a consultation with our office.
