For many people, pets are not just animals. They are companions and protectors. In many homes, they are full-fledged family members. When couples go through a divorce or separation, one of the biggest questions is: What happens to the family pet?
California law does recognize the special place pets hold in our lives. While they are still considered property, courts can treat them differently from furniture or a bank account.
Does that mean that pets can be included in a California custody agreement? Here is what you will need to consider to protect the interests of your furry friend.
How Pets Are Treated Under the Law
There have been recent changes to the law. Before 2019, California courts viewed pets as community property in separation or divorce cases. In these instances, the person with the adoption papers, purchase records, or registration usually ended up with the animal.
Unfortunately, an emotional bond or day-to-day caregiving were not factors to consider. This approach left families feeling that the law did not reflect their reality.
However, that changed in 2019 with California Family Code §2605. This law allows judges to consider the care and well-being of pets when dividing property in a divorce. Instead of treating animals like objects, courts can look at:
- Who has been the primary caregiver
- Who can best continue providing that care
- What arrangement would give the pet the most stability
Judges can assign sole or joint ownership, establish visitation schedules, and make decisions based on more than paperwork.
Can You Add Pets to Custody Agreements?
With that change, couples can now include pets in their custody agreements like they would with other important family matters. Like child custody agreements, they can detail:
- Where the pet will primarily live
- How visits will work
- Who will cover expenses like food, veterinary care, and grooming
- Who makes decisions about medical treatment or travel
The court will usually approve the arrangement if both parties agree on the terms. If not, the judge has the final say and will decide what is best for the animal.
How Judges Decide Pet Custody
When courts step in, they look at a few details, such as:
- Who feeds, walks, and takes the pet to the vet?
- Which home offers more stability or a pet-friendly environment?
- Does one person have a more flexible work schedule that allows them to be present?
Pet custody is not decided to keep things equally between spouses, but to create an arrangement that supports the pet’s well-being.
What About Pets and Children?
Pets can play an important role in providing stability for families with kids. Divorce can be confusing and stressful for children. The courts do not want to make decisions that may separate them from a beloved pet since that can make the adjustment even harder. Courts often recognize this bond. In many cases, the judge may keep the pet with the children for their best interests.
Working with Your Spouse on Custody
When planning for pet custody, you need to be realistic. Animals thrive on routine. You want to make arrangements that are in their best interest. Think about your pet’s temperament, your work schedules, and the distance between homes before deciding whether shared time makes sense.
Finances should also be part of the conversation. Veterinary bills, food, and grooming costs can add up. For that reason, you want to decide in advance who will cover what so that you can prevent future conflict.
Even couples who separate on good terms benefit from putting these details in writing. With clear agreements, you can reduce misunderstandings later. You want to work together whenever possible to create a fair arrangement that is best for you and your pet.
Protect the Interests of Your Pet
Under California law, provisions recognize that pets are not just property; they’re family. So, can you draw up a custody arrangement? Yes, you can include your pets in a California custody agreement. With that, you can make sure that they receive the love and stability they deserve.
At Roberts & Zatlin Family Law Firm, we understand that pets are important to your life. We can assist with making sure they are protected during a divorce or separation. Schedule your consultation today.
