Over many years past, couples who engaged in a dissolution action to end their marital relationship and status, had only to deal with issues like support for parties, children, or certain property division, whether a piece of property was a community asset or a separate property asset. As such historically, family pets were deemed to fall into the category of “community property.” However, today, in the State of California the laws have changed concerning the status of a family pet.
Bill AB-2274 is a California Law that went into effect on January 1, 2019. This law adds a new layer to various issues that arise during a divorce action here in California. Previously, Pets were deemed to be property, more specifically, if the pet was acquired during the marriage, it was considered community property. As such, pets were subject to the laws concerning equal division in California. This law has changed that status, and now a judge presiding over a dissolution action is authorized to make determinations concerning “in the best interest of the pet.”
This law has in effect changed the landscape of who will ultimately be given custody of the family pet. A judge will consider facts on who primarily took care of the pet, who has the ability to financially support the pet, if there are any allegation of abuse against the Fur Baby by a parent/owner and of course the environment where the pet will be living and the emotional bond the Fur Baby has with his/her owners/parents. The judge can make determinations of joint or sole custody depending on his/her finding.
Further, the Bill provides that a party to a divorce action who is a pet owner can make a request to the court to enter an order, prior to the final determination of ownership/custody of the Fur Baby, to require a party to care for the Fur Baby during the proceedings. A Party to the action may make a request to the court to assign sole or joint ownership/custody of the Fur Baby.
Due to the need to prove to the court that one pet parent is better equipped to provide proper care for the pet, parties should prepare for custody disputes over the Fur Baby. A party should document everything concerning the pet such as daily care, vet visits and who primarily takes the pet to his/her appointments or buys food for the pet. Also, you may want to have records that indicate who adopted the pet or purchased the pet.
Last, parties have the option as well to engage in more cost-effective out-of-court options such as mediation or collaborative divorce that can facilitate the parties making a mutually beneficial agreement concerning the Fur Baby.
REFERENCES:
Assembly Bill “AB-2274 (2017-2018). Chapter 820 Division of Community Property: Pet Animals
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2274
Assembly Bill No. 2274; – An act to add Section 2605 to the Family Code, relating to division of community property. Legislative Counsel’s Digest
[Approved by Governor, September 27, 2018. Filed with Secretary of State September 27, 2018.]
Pallotta, Nicole, Academic Outreach Manager; (2018, November 05). California’s New “Pet Custody” Law Differentiates Companion Animals from Other Types of Property. Animal Legal Defense Fund, Est, 1979.
https://aldf.org/article/californias-new-pet-custody-law-differentiates-companion-animals-from%20other-types-of%20property/#:~:text=AB%202274%20is%20a%20California%20law%20that,prior%20to%20the%%2020final%20determination%20of%20ownership