Pet Custody Laws in California Explained
Although many spouses in California fight over inanimate assets, some of the most heated arguments often erupt over the custody of pets. For those who have experience with animals, this should not come as a surprise. The bonds we share with our animals are extremely close, and many people view a dog or a cat as a fully-fledged family member. So, who gets the pet after a breakup or divorce?
Answering this question may be easier with help from an experienced family law attorney in California. Consider speaking with Milligan, Beswick, Levine & Knox, LLP, for more experience. Stephen P. Levine has considerable experience with family law, and he has helped with cases involving both children and animals. He graduated from Western State University College of Law in 1976, and he has been practicing law for many decades. This law firm is also home to many other experienced California family lawyers..
California Takes a More Humane Approach to Pet Custody
Prior to 2019, California approached the subject of pet custody in the same way as other states. Instead of treating these animals as living beings with thoughts and desires, California courts treated them in the same way as a lawn chair or a jewelry collection. In other words, courts treated animals like inanimate objects.
This is because even today, pets have the same “legal status” as property – at least in the context of divorce and breakups. Although California has some of the best animal welfare laws in the country, it is still difficult to classify them as anything else from a legal perspective. One cannot put them in the same category as children in a divorce, as children have more rights than animals.
Before 2019, California courts would not consider the possibility of “animal custody” agreements. There were only a few possibilities – the same set of possibilities you might encounter when dividing a washing machine or vehicle. First, one spouse might “buy out” the other – providing a sum of money equal to 50% of the disputed asset’s value. Alternatively, the spouses might sell the property and divide the proceeds.
Obviously, these two options simply don’t make sense for animal owners who love their pets. If both spouses or partners have spent considerable time with the animal, neither will likely accept a buyout and walk away. Alternatively, selling a beloved pet on the open market and splitting the proceeds is unthinkable for most families. Of course, the value of a dog on the open market does not reflect the sentimental value of their companionship. However, these were both legitimate possibilities if spouses could not agree on how to handle the issue.
In 2019, California introduced a new set of laws that allowed judges to consider the best interests of the animal when handling these disputes. Specifically, judges might consider the emotional connections between the pet and each spouse, who is best suited to care for the animal, and whether each spouse’s residences are pet-friendly after the separation.
Joint-Custody Arrangements are Possible for Pets
Perhaps the most notable aspect of California’s pet custody laws is the possibility of joint custody arrangements. Under these laws, a judge might create a time-sharing plan for the spouses. This mirrors a typical child custody plan, where parents take turns caring for their children.
A pet custody agreement might involve two divorced spouses exchanging their dogs every two weeks. This arrangement could allow both spouses to continue to enjoy the companionship of the animal and may reduce feelings of bitterness after the divorce.
California was one of the first states to introduce pet custody laws, and other states soon followed. Some believe that pet custody laws will soon become standard across all US states, especially given the growing tendency to have pets instead of children. Pet custody laws are also common in other countries, such as Spain.
Judges Still Consider Who Initially Purchased the Animal
Despite the fact that pets are no longer viewed in the same way as inanimate objects, some aspects of property division still apply to disputes over animals. Perhaps most notably, judges will consider who initially purchased or adopted the animal.
Generally speaking, you can keep property that you purchased before your marriage. This is considered “separate property,” and you don’t have to divide it during a divorce. For example, you might have purchased your car two weeks before signing your marriage contract. Usually, you would get to keep that car after a divorce.
If you already owned your dog or cat before getting married, a judge may determine that you should keep it after the divorce. However, this is not the only factor a judge will consider – and they may also factor in the best interests of the animal.
For example, a spouse might own a dog before signing their marriage contract. However, they may have a history of beating or abusing the animal. Their spouse may try to protect the animal during the relationship, perhaps protecting it and treating it better than the actual “owner.” In this situation, a judge might conclude that the dog should stay with the spouse who treats it well—even if the other spouse was the original “owner.”
This highlights the need to present compelling evidence of your suitability and responsibility as a pet owner. An experienced family law attorney may be able to help you convince a judge that you have a history of providing food, exercise, veterinary treatment, and other care to your pet – more so than your ex.
Can a California Family Law Firm Help Me?
If you’re struggling with issues related to pet custody in California, a California family law attorney may be able to help. Milligan, Beswick, Levine & Knox, LLP has experience with some of the most complex divorces and family issues – and we understand the importance of fighting for the continued companionship of pets. To learn more about the next steps, consider contacting our experienced family attorneys at 909-894-0812 today.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.