California Courts now have Authority to Rule on Pet Custody Disputes in Divorce

divorce pet custody

Ownership Of Pets Can Be Decided In California Courts, Will Ohio Be Next In Pet Custody Disputes?

divorce pet custodyIn California and Ohio, as in most states, pets are considered personal property by law.  But thanks to a new law in California, divorce disputes over “custody” of dogs and cats will be decided in a similar manner as are child custody disputes. Regardless of the emotional attachment between a pet and its owner, Courts typically don’t give more status to a pet than say to a computer or television.

Under A.B. 2274, signed  last week by Governor Jerry Brown, pets will still be considered community property but now a judge deciding ”custody” will have the discretion of weighing such factors as who feeds and walks them, has been the primary caregiver and who takes them to the veterinarian. In addition, the Court may order essentially temporary custody of the pet pending final hearing. The law goes into effect on January 1, 2019. To read the text of the law, click here.

As an Ohio divorce lawyer for near 40 years, I personally think the new California law makes practical sense. Pets can become as important to individuals as … Read More... “California Courts now have Authority to Rule on Pet Custody Disputes in Divorce”