The Surprising Role of Pets in California Divorces
A pet may have more power in your divorce than you realize. Whether you have a cat or a dog, you should take a moment to understand the role your animal companion might play. Changes to California property division laws give animals more rights than ever before, and this may come as a welcome surprise for some animal-loving spouses. On the other hand, your treatment (or mistreatment) of the animal could affect many other aspects of your divorce – including child custody. To learn more about these complex issues, it might be best to speak with an experienced divorce attorney in California. Consulting with Redlands divorce lawyers can provide valuable insights tailored to your situation. Our divorce law firm in Redlands is committed to helping you navigate the legal challenges of your divorce, ensuring that your rights and interests are protected.
California Approaches Pet Custody in a Unique Way
For many years, California family courts made no distinction between pets and inanimate objects. Many cat owners joke about their animals being “loaves of bread,” and this is essentially how most US states still see animals in the context of divorce. In most US states, there is no real difference between a cat and a washing machine, an armchair, or a designer handbag.
Fortunately for animal lovers in the Golden State, California is one of the few states that has taken a more humane, nuanced approach to animals during divorces. Family courts now have the authority to consider the best interests of the animal when awarding “pet custody” during a divorce. This is not exactly the same as the child custody process, but it is similar. The original wording of the bill was much stronger – requiring courts to act in the best interests of the pet rather than allowing this consideration. The word “well-being” was also replaced with simply “care” in the final version of the bill.
In California, the “care” of an animal includes:
- Prevention of harm
- Prevention of cruelty
- Food
- Water
- Veterinary care
- Shelter
Spouses can now create shared custody agreements for their animals. They can also choose a caretaker who will look after the animal until the question of ownership is resolved. If shared custody arrangements seem unsatisfactory, couples may agree that one spouse should take sole ownership. In shared custody arrangements, spouses can create alternating schedules. For example, a spouse might take the dog for two weeks before the other spouse takes the animal for the following two weeks.
If spouses cannot agree on who should retain ownership of the animal, courts may consider all of the factors under the definition of animal care in Assembly Bill 2247. For example, they might consider any alleged acts of animal abuse during the marriage. Of course, a spouse who acquired an animal prior to marriage may not need to worry about this process. This is because all property that you acquire prior to the marriage is “separate” and therefore ineligible for division. California’s distinct set of pet custody laws only applies to pets defined as “community property.” In other words, these are pets acquired during marriages.
Abuse of a Family Pet May Be Considered Domestic Violence
Aside from property division, pets can play a crucial role in other aspects of a California divorce. According to California family courts, abusing a family pet is a form of domestic violence. For example, your ex might accuse you of kicking the family dog. Perhaps you were accused of tormenting a cat. Whatever the case may be, a family member can use evidence of animal abuse to obtain a domestic violence protection order (DVRO) against you.
The DVRO itself can lead to serious consequences. You might be forced out of your own home. You may also lose certain rights, including the right to bear arms. However, some of the most important consequences involve child custody.
When approaching child custody, California courts consider a range of potential factors – including past instances of domestic violence. A parent might argue that a DVRO based on animal abuse shows that you are a dangerous person. A family court may then conclude that children would not be safe with you, and they may award you limited visitation rights as a result.
Even if you never faced a DVRO for alleged animal abuse, your spouse might raise this issue for the first time during divorce proceedings. If they have evidence that you abused the family pet, this could cause serious challenges in your custody battle.
Of course, your spouse needs to actually prove that you committed animal abuse. Their sworn testimony alone should not convince the court that you actually committed animal abuse, and they will need more compelling evidence. This might be testimony from a veterinarian, social media posts, or video footage of the alleged abuse.
Even if your spouse manages to convince the court that you hurt or abused the animal in question, you can still pursue positive results with help from a divorce attorney in California. For example, you might show the court that you have successfully completed a special program for animal abuse prevention. You might also convince the court that you are unlikely to engage in further abuse and that there is a major distinction between abusing a dog and harming a child.
Some alleged acts of abuse are actually acts of physical discipline. For the most part, physically disciplining a dog or cat is legal in California. Striking an animal is not animal abuse if it is part of the training process – especially if you do not cause serious injuries. When facing child custody issues due to the alleged abuse of a pet, you could argue that you were simply trying to train the animal.
Contact the Redlands Divorce Lawyers at Milligan, Beswick, Levine & Knox, LLP
Animals may have subtle effects on your divorce in Redlands, and you might want to discuss these factors with a legal professional. Each divorce is slightly different, and an online article cannot offer guidance based on your unique circumstances. For targeted advice, speak with the Redlands divorce law firm Milligan, Beswick, Levine & Knox, LLP. With about 60% of all California residents owning pets, we understand that animals often play an important role in divorce proceedings. Book your consultation or call us today at 909-894-0812 to get started with an effective action plan.
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.