How California Family Law Decides the Case of Pet Custody in a Divorce

Up until 2019, California family courts treated pets more or less as “properties” when deciding on the issue of their custody in a divorce proceeding.
The judge would attempt to identify the person who paid for the pet’s purchase or adoption fee, and in most cases, would rule the judgment in their favor. Little to no consideration was given to the wellbeing of the pets.  
In other cases, the divorcing parties would be encouraged to reach an agreement on visitation on their own, which would do very little for the resolution of the contested issue. Spouses would fight for the pets out of spite rather than love, and once again it would be the pets who’d suffer.  
Thankfully, though, that changed after Assembly Bill 2274 went into effect on January 1, 2019.

What the Assembly Bill 2274 Says

Sponsored by dog owner and state Assembly member, Bill Quirk, the Assembly Bill 2274 treats pets as part of the family and directs California family courts to consider pets’ best interests when deciding on the issue of their custody in a divorce proceeding.
Judges must make a decision based on which of the two contesting parties can take best care of the pet. ‘Care’ here includes protecting the pet from harm and providing them food, shelter and veterinary care.     
The bill—now a law—also allows the possibility of share custody agreements, if spending time with both parties is considered to be in the best interest of the pet by the judge.
In addition, there are directives for temporary custody as well, where one spouse can seek an order to care for the pet until the divorce is finalized.

Summary

So to summarize:
California family courts decide the case of pet custody in a divorce proceeding based on the wellbeing of the pet and which spouse is better suited to fulfill the pet’s needs.
If you are a pet owner and are going through a divorce, contact an experienced California family law attorney to discuss the process of deciding pet custody and how you can obtain a favorable outcome in your case.   

About The Law Offices of Ron Marquez

The Law Offices of Ron Marquez is a general law practice firm in Chico, CA. The firm specializes in areas of family law, personal injury and wills, trusts and probate. For more information call 530-332-8110 or email at ronmarquezlaw@gmail.com.

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