Divorce is hard for all people involved – and for family pets too. For many families, pets are treated as members of the family. However, when a family divorces, pets do not have the same rights or get the same treatment as a child would.
Instead, pets are considered property according to California law – or at least they used to be. A new law that took effect January 1, 2019 has changed everything. While technically pets are still considered properly, judges will now have the final say about where a pet goes after a couple divorces. In fact, what a judge will consider is fairly similar to what they consider when deciding on child custody. Read on to learn more about the chances. If you need to speak to a family law attorney, reach out to Kendall Gkikas & Mitchell at 909-482-1422 right away.
How the Law Previously Decided on Pet Custody
Until earlier this month, pets were treated as property. They were treated just like a table or other household item would be. Unless the couple had a prenuptial agreement that specified what happens if the couple divorces, each of them is entitled to half of the community property. If the pet was obtained after the marriage then each spouse would have half ownership of the pet.
It is always true in family court that the judge wants the spouses to find an agreement between themselves and to divide community property themselves. However, if that is not possible, the judge steps in. In the past, if the couple had more than one pet then the judge may give one spouse custody of one pet and the other spouse custody to another pet. If there is just one pet, the judge would essentially have to put a monetary value on the pet and ensure the side that did not get the pet was financially compensated. The judge did not take into consideration what was best for the pet.
Changes to the Law
Now, pets are treated as community property and spouses are still encouraged to come up with their own plan if a divorce happens. However, if the court does have to step in, the judge now has the legal authority to find the best solution for both spouses and the pets involved. The judge will consider who adopted the pet, who walks the pet, who feeds it, buys it toys, takes it to the vet, spends the most time with it, and keeps it safe?
Once the judge feels they have valid answers to their questions, they can then assign custody based on who they think will best care for the pet. This is a drastic change and one we hope will work in the favor of furry pets everywhere. If you are considering divorce and need a legal opinion, contact Kendall Gkikas & Mitchell at 909-482-1422.
