Over half of Californian households have pets. But when those households split up, what happens to the animals? California law has a lot to say about child custody and visitation, but what if your kids are the four-legged, furry kind?
Part of the family
More than 60% of all pet owners consider their pets to be part of the family. While many of us had a special bond with the family cat or dog when growing up, Americans’ attitudes toward pets has changed over the years. We have different standards of care for our animals (ok, we completely spoil them), and we’re willing to spend a lot more on veterinarian bills, food, and accessories for the sake of our pets’ well-being. In total, the American Pet Products Association estimated that Americans spent over $60 billion on their pets in 2015.
The idea of losing your beloved cat or dog, just when you need unconditional love the most, can be devastating. You might also be concerned about what will happen to your pet when money gets tight, as often happens during the stressful periods of divorce. Sadly, divorce (and the financial hardship it can bring) is one of the leading reasons why beloved pets are surrendered to animal shelters.
If both you and your spouse have a strong bond with your pets, what can you do?
Fair division of property… and Pomeranians
California law doesn’t specifically address animals in divorce law, but in practice, courts still treat pets as if they were another piece of property to be divided up. That means that the court might take into consideration some of the same factors that it would when dividing property:
- Did one spouse own the pet prior to the marriage?
- Does one spouse have a particularly strong attachment to the pet?
- Do you have children who are emotionally attached to the pet?
- Was it given as a gift?
- Are pets allowed in both spouses’ new living arrangements?
- Was the animal abused by one of the parties?
In the best interest of the child… and the Chihuahua?
On the other hand, some legal scholars and animal rights activists argue that pet custody should be determined by “What is best for the animal?” in the same way that child custody must be determined by what is in the best interest of the child.
But because that is not the standard that the court is required to take, you might want to make a visitation and custody agreement with your ex, rather than have the court decide for you. As with other issues that come up in a divorce, parties are welcome to come to an agreement in the divorce settlement before bringing the matter to a judge. If parties cannot reach a decision, you might decide to go to mediation rather than risk getting a judge who doesn’t appreciate that your pet means a whole lot more to you than a piece of furniture.
Protective orders… and Persians
Although there are no specific laws in California about pets and divorce, courts will recognize and enforce clauses in the divorce order regarding pet custody and visitation rights. And pets are recognized under California law in some circumstances. If they are in danger, you can seek a restraining order to prevent your ex from taking or harming your pet.
Do you have more questions?
If you are facing a divorce and are concerned about how it will affect your beloved pet, come make an appointment to talk to one of the experienced Southern California family law attorneys at Kendall Gkikas & Mitchell, LLP. We understand how much your pet means to you during this difficult time. Let us know how we can help you by calling 909-482-1422 or emailing info@parents4children.com to make an appointment today.
