A family court judge often makes decisions regarding child custody or property division when a set of parents decides to divorce. Such decisions are made in accordance with state community property guidelines. In some cases, issues may arise that spark dispute regarding certain laws or state guidelines, such as how to determine who should get the family pet in a California divorce.
Regarding legal terminology, custody typically refers to children, not animals. Therefore, in many states, ownership and care of pets fall under the property division category of divorce. Issues such as which household a pet will reside in and who will be financially responsible for expenses, such as veterinary care, should be resolved before settling a divorce. California is unique in this respect because of laws that were enacted in recent years.
Seek clarification of state laws before heading to court
New laws were enacted, which are relevant to how pets are addressed in divorce cases in California. In this state, a family court judge may make an order regarding who should take care of a pet while divorce proceedings are pending. This does not necessarily have to be the same person who winds up retaining ownership of the pet in the final divorce decree.
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A judge may consider a pet’s best interests
While there is not a specific California law regarding pets in a divorce with children, it is understandable that the issue of where children will take up primary residence after a divorce may be taken into consideration when the court determines which spouse should have ownership of the pet. The parent who owns the pet will not necessarily be the one who covers expenses associated with the pet. In this state, the court may also consider the best interests of a pet when determining where it should live and who should pay for costs associated with its care.
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