A new California pet law introduced by California Assemblyman Bill Quirk will soon allow couples involved in divorce settlements to petition for sole or joint pet custody during divorce. The bill, called Assembly Bill 2274, now takes into consideration the well-being of a family pet; in the past, a family pet was treated as an item of property, like a TV or a bicycle. This new law now allows divorce cases to include pet custody.
How Pet Custody During Divorce is Decided:
Under the new law, pets will still be considered community property, but a judge will determine where the pet goes using rules similar to those used in child custody cases. These responsibilities include who feeds them, takes them to the vet, and more.
Family law attorneys all over California have seen their fair share of divorce disputes about pets. Assemblyman Bill Quirk says that he is passionate about this new bill because he feels pets in a family deserve to have the same status that family members are reserved.
This new law could be helpful in situations where estranged spouses cannot come to an agreement over who will take care of the pet. One such example is estranged couple Paula and Kevin (names have been changed to protect their privacy). After a less-than-amicable divorce, the pair could not decide who would keep their golden retriever. Both Paula and Kevin believed that the other was not capable of caring for the dog. The estranged couple’s inability to come to an agreement about ownership of the dog led to the dog’s placement in a kennel for one year.
With the introduction of this new law, these types of situations can be avoided. A judge will now be the one making the ruling on who cares for a family pet after a divorce. The new law will allow a judge to assign the same rights to pet-parents as they do to those with human children in divorce cases: sole or joint custody (ownership). Under California’s current law, family pets are considered property much like a television, a car, or any other item that is part of the marital estate.
The new law is set to take effect on January 1, 2019.