New Pet Custody Law in California
As of January 2019, a new California law changed how pets are handled in divorce cases. Here’s everything you need to know about custody of pets in a California divorce.
Prior to the signing of AB 2274, California courts did not view pet ownership much differently from other property or possessions. With the new California pet custody laws, couples can formulate shared custody agreements and can determine who will care for a pet prior to the official assignment of custody. California’s new law paves the way for courts to enact useful methods in dealing with pet custody.
What is the law regarding pet custody prior to AB 2274?
California courts began paying attention to “the care of the pet animal” after Governor Jerry Brown signed AB 2274 in September 2018. This specifically dealt with cases involving legal separation or marital dissolution, as there had been controversy about how to approach animal custody following divorce.
In the State of California, the concept of community property applies during a divorce. Since California is a community property state, the courts are required to divide property acquired during a marriage. Prior to the new pet custody laws, animals were treated similarly to inanimate objects (such as furniture and televisions) in a divorce.
Related: Community Property FAQs in California
States that do not have statutory language on pet custody usually consider the individual who adopted the animal to be its rightful owner. Before the passage of AB 2274, judges would strategically plan visitation agreements for the companion animal that went beyond a strict property evaluation. An example of this would include a judge permitting a best interest standard – which is typically implemented in child custody cases.
What is the current, new law regarding pet custody in California?
Prior to California, Alaska and Illinois were the only two states that had passed legislation surrounding better care for pets in divorce cases. Thus, California is the third state aiming to settle court issues involving the well-being of pet companions. The new law in California demonstrates a shifted perception of animals or pets – considering them as family members rather than personal property. This underlying distinction acts as the foundation of the new California law by recognizing that animal companions must be treated differently than physical belongings.
AB 2274, an act added to Section 2605 of the California Family Code, proposed sole or joint ownership of a community property pet/animal while determining how the pet will be cared for. This bill also authorizes a court to determine how a pet will be cared for prior to establishing an agreement regarding pet ownership.
This new law allows people to petition for custody of a companion animal. In assessing if sole ownership or joint custody is appropriate, judges will consider factors such as time-spent caring for the pet. Examples of information a judge may seek out include who took the dog to the vet more frequently, who fed the horse more often, who purchased the cat, and more. The new California law has served as a template for other states on how to handle pets in divorce cases.
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