How The New Pet Custody Law Works In California

[This article has been updated for 2025]

Most people consider their pet a part of the family, so it’s no surprise there are often disputes about who gets the pet when a couple splits up.

In January 2019, a new California law changed the way pet custody is handled in divorce cases. This new law gives judges the power to consider the care and the best interest of the pet (or companion animal) when making decisions in separation or divorce matters. 

This is how your pet can affect your divorce:

The Evolution of Pet Custody Laws in California

The concept of pet custody has come a long way in California. Traditionally, pets were regarded as property under the law, much like furniture or vehicles. This meant that during divorces or separations, pets were treated as assets to be divided between the parties.

However, the emotional bonds people share with their pets have led to a reevaluation of this approach. Over the past decade, there has been a growing recognition that pets are sentient beings with their own needs and well-being, prompting legislative changes.

Key Changes in the Updated Legislation

The updated pet custody laws in California, which came into effect in 2019, mark a significant shift. Under these new laws, judges now consider the best interests of the pet when making custody decisions. This is similar to how child custody cases are handled.

The new legislation allows for joint custody arrangements, where both parties can share time with the pet. Additionally, the court can take into account factors such as who has been the primary caregiver, who has provided for the pet’s needs, and the emotional attachment between the pet and each party.

How the New Laws Impact Pet Owners

For pet owners, the updated laws provide a more compassionate and fair approach to resolving pet custody disputes. This means that pets are no longer treated as mere property but as family members whose well-being is paramount.

Pet owners can now expect a more thorough examination of their relationship with their pets during custody disputes. This might include presenting evidence of who has been responsible for feeding, walking, and taking the pet to the vet. The court’s focus on the pet’s best interests can lead to more amicable and satisfactory custody arrangements.

Real-Life Pet Custody Cases: What We Can Learn

Real-life pet custody cases offer valuable insights into how the updated laws are applied. In one case, a judge awarded joint custody of a dog to a divorcing couple, allowing both parties to spend time with their beloved pet. The decision was based on the dog’s emotional attachment to both owners and their ability to provide care.

Another case involved a couple disputing custody of a cat. The court considered evidence of who had been the primary caregiver and who could best meet the cat’s needs going forward. Ultimately, the judge awarded custody to the party who had demonstrated a greater commitment to the cat’s well-being.

Tips for Navigating Pet Custody Disputes

If you find yourself in a pet custody dispute, there are steps you can take to navigate the process more smoothly. First and foremost, gather evidence of your involvement in your pet’s care. This can include receipts for veterinary visits, grooming appointments, and other pet-related expenses.

Consider seeking mediation to reach a mutually beneficial agreement without the need for a court battle. Mediation allows both parties to discuss their concerns and come to a compromise that prioritizes the pet’s well-being. Additionally, be prepared to demonstrate your commitment to your pet’s needs and your ability to provide a stable and loving environment.

Pets Are No Longer Just Physical Property

Up until the new law was enacted, California courts treated pets like other physical, inanimate property such as furniture, cars, and other belongings. The family dog, cat, or another pet would be considered a part of the property to be divided when the marriage ended.

Often judges would base their decision on which party purchased or adopted the animal. Judges had wide discretion in determining where the pet would be best placed or in arranging visitation schedules. The legal system, however, offered no official guidance.

Up until this year, only Alaska and Illinois had similar legislation. With the signing of AB2274, California courts must now view pet ownership differently from other possessions.

Putting a Pet First

Courts now have a much clearer direction and will award custody of a pet based on what is deemed best for the animal. They’re also able to create shared custody agreements and may enter orders that require one party to care for a pet prior to final ownership determination.

Pets are still technically classified as personal property, but the new law was crafted to reflect how most people view their pets. The bill’s sponsor, Assemblymember Bill Quirk, was inspired to introduce the bill based in part on his experience rescuing a dog.

The original bill had stronger language, for example, “requiring” rather than “authorizing” courts to act in the pet’s best interests. 

Changes notwithstanding, California’s law is groundbreaking in that it provides courts with much-needed guidance in distinguishing pets from other forms of property. 

Treating Animals Fairly

Family pet custody battles have been on the rise.

While they reflect a pet’s important role in the family, they’ve also added conflict to an often already stressful situation. If you’re involved in a custody case involving a family pet, the Animal Legal Defense Fund, which ranked California #3 in the nation for its animal protection laws, may provide an amicus brief. 

Before getting into a lengthy, expensive battle over the family pet, remember that California’s law does not require a judge to make a conclusion, it merely gives guidance on what can be used to determine such situations.

Final Thoughts

Before this law was enacted, pets were simply treated as any other inanimate piece of property such as a TV or a dining room table. Now, there are much clearer guidelines as to how custody of a pet will be handled and is based upon what the court deems as best for the animal.

For those who have a family pet, this new law may help bring some peace-of-mind as they navigate the already-stressful divorce process.

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At Minella Law Group, we pride ourselves on being a leading advocate for pet owners navigating the complexities of pet custody. Understanding the profound emotional connection between individuals and their beloved pets, we are dedicated to achieving the best possible outcomes in these cases.

By blending compassion with our extensive knowledge of current legal standards, we offer indispensable guidance to our clients, helping them arrive at solutions that prioritize the well-being of their pets.

If you’re concerned about what may happen to your pet during a legal separation or divorce, consulting with an experienced family law attorney who understands the issue and new ruling can help alleviate your worries.

[image courtesy of pexels]