It’s a forgone conclusion that we love our pets. They provide a sense of solace, belonging, and unconditional love, especially during the implementation of quarantine measures. In a world filled with uncertainties and betrayals, pets are a constant source of love that never abandon you. In marriages, pets become a part of a family. So, it’s not surprising that people often fight over their custody as viciously as they would fight over their kids.
California family code 2605 addresses the owners’ emotional ties to their animal companions. This code empowers the judge to determine who gets the pet in a divorce based on its best interest. You can employ the best divorce lawyer in Sacramento to get custody of your pet along with fulfilling your other expectations in a divorce.
Pets aren’t just property
Before code 2605 was implemented in 2019, pets were typically treated as community property –as such; they were divvied up between divorcing couples. Their worth was the same in the eyes of the law as inanimate objects, like cars, jewellery, paintings, or television. The individual that purchased, rescued, adopted, or inherited a pet was generally awarded its ownership in a divorce proceeding. There was little to no legal guidance on pet custody or visitation rights. However, some judges in California have made discretionary decisions on pet ownership based on a pet’s likelihood of receiving the best possible care.
Even though pets still do not have a technical distinction from the property, judges may now legally assign sole or joint pet ownership to an individual based on its wellbeing. The judge may examine the case in detail and determine which partner cares more for the pet before granting custody or ownership rights. A judge may even give temporary ownership to one partner during the separation period or when the divorce proceedings are still underway.
In essence, this new law reflects how much California residents care for and view their animal companions. They see them as part of their families, not just property.
6 pet custody factors
A California judge typically makes the decision of pet custody in a divorce based on these factors;
- Who feeds the pet?
- Who takes the pet for exercise, walk, or play?
- Who takes the pet to the veterinarian doctor?
- Who is registered as the official pet owner?
- Who can accommodate the pet with enough space and shelter in their household?
- Who is emotionally connected to the pet the most?
If you wish for pet ownership to be granted to you, you must make an effort to gather proof of the above factors. Also, other factors may apply if your pets are other than the typical cats or dogs, like fish or a bird. Gather the proof that is applicable to your pet.
Try mediation for pet ownership
Divorce is a highly stressful process in most circumstances. However, when there are pets in the picture, it can make things even more difficult. The emotions are likely to run high and diminish your decision-making skills. It may even distract you from achieving your other goals in a divorce.
Therefore, you should try and sit down with your former spouse to calmly discuss what the best for your pet is. Try to think rationally instead of using the beloved animal as a pawn in your power plays. Mediation is a tool that can help you come to an agreement in custody and visitation rights without having to drag yourself and the pet through the courts. Employ the services of a professional mediator or divorce lawyer to help you through the process.
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