Before 2019, pets were considered no different than any other property (e.g. tv, couch, jewelry) in separation or divorce: each spouse or domestic partner is entitled to half the value of the pet. AB 2247 changed this by adding Section 2605 to California’s Family Code which provides the parties the ability to petition for “pet custody”*.

A court in California may assign sole or joint ownership of the pet when so requested by a party. In making this determination, the court has authority to consider the care and the best interest of the pet. The court can also grant temporary custody based on the well being of the pet while the divorce is being reviewed.

Factors that the court could consider in pet custody petitions include who regularly feeds, walks and plays with the pet, who took the pet to appointments at the veterinarian , who purchased the pet in the first place, whose name is the pet registered, and who has sufficient space to take care of the pet. 

If you have additional questions relating to property division during separation or divorce, or if you would like a mediator to assist you with a pet custody dispute, please contact us for an initial family law consultation.

*Note that the term “pet custody” is not an official court term; legally it is referred to as “pet animal” care. The term “pet custody” is used by many outside of court however, and will be used in this article.