Divorces are never easy, and when pets are involved, the emotional complexity increases. For many couples, pets are more than just animals—they’re beloved family members. However, when a marriage dissolves, determining who keeps the family pet can become a contentious issue. In California, the laws surrounding animal custody have evolved in recent years, recognizing the deep emotional bonds people have with their animals.

Pets as Property

Historically, pets were treated as personal property in divorce cases, much like a piece of furniture or a car. Courts would decide pet ownership based on property division laws, with little regard for the pet’s well-being or the emotional attachment of the parties involved. This often left one spouse feeling heartbroken, as the animal was awarded to one party without considering any factors beyond ownership.

However, this approach didn’t account for the unique nature of pets as living beings with emotional needs, nor did it recognize the attachment owners may feel toward their pets. Fortunately, California has taken steps to move away from treating animals as mere property during divorce proceedings.

California’s New Approach to Pet Custody

In 2019, California enacted a law that allows judges to take a pet’s well-being into account when deciding who gets custody of the animal during a divorce. This law, codified in California Family Code Section 2605, gives judges the authority to treat pets more like children than property.

Under this law, judges can consider various factors when determining what’s in the best interest of the animal. These factors may include:

• Who primarily cared for the animal (e.g., feeding, walking, and grooming)
• Who spent more time with the animal
• Who is financially capable of providing for the animal’s needs
• The emotional connection between the animal and each spouse

Joint Custody and Visitation Agreements

Much like child custody arrangements, animal custody doesn’t always have to result in one spouse retaining full ownership. In some cases, divorcing couples may opt for a joint custody arrangement, where both spouses continue to share responsibility for the pet. This could involve alternating weeks, months, or specific holidays.

Couples may also work out visitation agreements, allowing the non-custodial spouse to spend time with their pets. This flexibility in resolving pet custody matters helps reduce the emotional stress for all parties involved and ensures the animal continues to receive care from both of its owners.

Professional Help for Your Divorce Pet Problems

Pet custody is an increasingly common issue in divorce cases, and California’s laws now allow for a more compassionate approach. By focusing on the pet’s best interests and creating a fair custody agreement, couples can minimize conflict and ensure their beloved animals continue to thrive during and after the divorce process. If you’re facing a divorce and need help navigating the issue of pet custody, consulting with an experienced attorney like Joseph R. Zoucha can help protect your rights and the well-being of your pets. Schedule your consultation to learn more about how he can help you.