Dividing property during a divorce is stressful, but what happens when that “property” has a heartbeat, a tail, and looks at you with big loving eyes?
In California, the law recognizes that your pet is not just a thing. They are part of the family. And when a couple files for divorce , who gets to keep the pet is now a matter courts can take seriously.
Because we understand and sympathize with our client’s who are fighting in court for their pet-parent rights, we will guide you on how pet custody works in California and how you can create a fair, structured arrangement that puts your pet’s well-being first.
California Law on Pet Custody
As of January 1, 2019, California Family Code § 2605 allows judges to consider the care and well-being of a pet when making custody decisions in divorce cases. Before this change, pets were treated like couches or cars, divided up as part of the property settlement. Now, due to the current law, they are legally recognized as more than just assets.
Judges have discretion to do the following:
- Award sole or shared ownership of a pet
- Issue temporary custody orders during the divorce process
- Consider a variety of care-related factors when deciding who should keep the pet
This law only applies to pets considered community property, meaning pets acquired during the marriage. If one spouse brought the pet into the marriage or received it as a personal gift, there are separate property laws that apply.
How the Court Decides Custody of a Pet
When deciding who gets custody of your pet, the court may look at:
- Who regularly feeds the pet
- Who takes the pet to the veterinarian
- Who has a stronger emotional bond with the pet
- Who has the time, ability, and lifestyle to provide daily care
- The stability of each party’s living situation
Creating a Pet Custody Agreement
While you can ask the court to decide, it’s often better to create your own agreement. A detailed pet custody plan can reduce stress, avoid legal battles, and focus on what really matters, your pet’s happiness and stability.
Here are common elements to include:
1. Custody Schedule
Agree on a clear rotation. For example:
- Weekdays with one pet-parent, weekends with the other
- Alternating holidays or birthdays
- Special arrangements for vacations
2. Daily Care Responsibilities
Specify how you’ll handle:
- Feeding
- Walks or exercise
- Grooming
- Routine vet care
3. Major Decisions
Agree on how to handle:
- Emergency medical care
- Surgeries or long-term treatment
- Relocation of the pet
- End-of-life decisions
Ideally, both pet-parents should share in these decisions. If not, set up a plan for how to resolve disagreements. You may want to consider divorce mediation as a good starting point.
4. Costs
Pet expenses can add up. Therefore , you should outline how you’ll divide:
- Food and supplies
- Medical bills
- Pet insurance
Split costs equally or use a percentage based on income or time spent with the pet.
5. Transportation
Agree on who will transport the pet during handoffs to avoid confusion and helps the pet adjust better to transitions.
What If You Can’t Agree?
If negotiation fails, you can ask the court to step in. Either pet-parent may request temporary or permanent orders. Be prepared to show proof of your involvement in your pet’s care. This includes vet bills, receipts for food, or even photos that are day stamped can help make your case.
Special Considerations
- Service Animals: Pets with official service status may be handled differently, especially under federal or disability law.
- Separate Property Pets: If one party owned the pet before the marriage, the court may treat the pet as separate property and that party will be awarded the pet as his/her sole and separate property. An adoption agreement or purchase receipt showing proof of payment for the pet before the marriage would be essential.
Bottom Line: Put It in Writing
Whatever you agree on, put the terms in your Marital Settlement Agreement (MSA). This makes it enforceable and ensures everyone is clear on expectations. With a well-planned agreement and a focus on the pet’s best interests, you can create a solution that’s fair, responsible, and respectful to the pet and both people involved.