In California, deciding who keeps the family pet during a divorce is more nuanced than in other states. Since California enacted unique pet custody laws in 2019, pets are not just seen as property, and the courts may consider the pet’s welfare in a manner similar to child custody cases.
Understanding pets as property
For most of U.S. legal history, pets are treated as property, comparable to a car or piece of furniture. In the past, this meant judges often awarded pets based solely on who initially bought the pet or managed the majority of its expenses.
California’s pet custody laws
As mentioned earlier, in January 2019, pet custody laws in California. With this change, judges have the power to consider the care and the best interest of the pet when making decisions regarding separation or divorce matters.
What courts consider
Alaska courts evaluate several factors to determine pet custody. This includes the primary caregiver, or who has been responsible for feeding, grooming and medical care. Courts also consider the living environment, and which spouse can offer a stable and safe environment. They can also consider emotional connections, and the pet’s emotional ties to each spouse and any children in the household.
Joint custody and visitation options
Sometimes, judges may find it suitable to award joint custody or grant visitation. This is usually done when both spouses share a close bond with the pet. This way, both parties can remain involved in the pet’s life post-divorce.
Conclusion
By adopting this progressive view, California courts show that they see pets as family members deserving thoughtful consideration. Couples navigating divorce in California can take comfort in knowing that the state’s laws aim to protect their pet’s well-being, which, theoretically, should lead to fair outcomes that respect the bonds between pets and their families.