Divorce can be a difficult and emotional process, especially when it comes to deciding who gets custody of pets. In California, pets are considered part of the family and are no longer treated as property. This means that who gets custody of your pet is based on what is in the best interests of the animal.
Family Code section 2605, which was enacted in California on January 1, 2019, is a new law that recognizes the importance of pets as members of the family and provides a framework for determining who will have custody of your pet(s) during divorce proceedings. The law allows judges to make joint ownership decisions based on the care of the pet and its best interests, which means that your pet’s custody is no longer treated as mere property to be divided like furniture or assets. The court will take into account factors such as who takes care of the pet, who has a stronger bond with the pet, and who can provide a stable home environment.
Couples can still come to their own agreements outside of court, but if they cannot, the court may assign sole or joint ownership of the pet, and even order alternate periods of pet custody like child custody arrangements to ensure that the pet’s interests are protected.
As divorce attorneys, we understand how important pets are to our clients, and we take their interests seriously. We help our clients navigate the legal complexities of pet custody during divorce proceedings, ensuring that their pets are treated with the care and respect they deserve.
When it comes to custody, including your pet’s custody, it’s always a good idea to consult with an experienced family law attorney, such as Tony Luzuriaga or Mary Shafizadeh. To learn more, please contact our office: 909-600-0605 .