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Pet Custody: How does it work in divorce cases in California?

June 3, 2021

Many families view pets as a part of them family rather than just a possession. Recently, California passed new laws to reflect this belief. How does this new law affect pets in divorce cases?

Pet custody in divorce cases use to be straight forward. Pets were considered possessions like furniture, so whoever purchased or adopted the pet was awarded. Even so, courts had wide discretion in ordering custody as there were not any specific pet laws.

This changed in 2018 when California passed new bill AB2274. This bill allows courts in California to view pets differently from other possessions. Courts now are allowed to award possession of pets based on the best interest of the pets and taking into consideration who can care for them best. Further, courts can implement shared custody orders for pets. While the bill does not require courts to base the order on the best interest of the pets, it authorizes the court to act in the pets’ best interest. This is one of the first pet laws to be enacted. Once again, California is ahead of the curve!

This bill reflects how we love our pets as family members and not just as material possessions. Divorce is stressful enough without fighting over pet custody. An experienced family law attorney from The Tabo Law Firm can help you navigate and negotiate pet custody with ease. Contact us today to set up a consultation!

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