For many people, deciding who keeps the family pet can be one of the most emotional parts of a divorce.
California law recognizes that pets are different from other property. As a result, pet custody matters are handled differently from traditional property division.
As a pet owner and family law attorney with more than 20 years of experience, Stephen Cawelti understands both the personal and legal issues at stake. Our firm specialties in pet custody cases and will help you understand your options and protect the relationship you have with your pet.
As a dog owner himself, Stephen understands that for many people, a pet isn’t simply another asset to divide. California law now recognizes that pets are different from other property, and pet custody disputes require a different approach.
Stephen Cawelti specializes in pet custody cases, bringing both personal understanding and more than 20 years of family law experience to helping clients protect the relationship they have with their pets.
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Since 2019, California law has treated pets differently from other property in divorce. Rather than treating a pet like a car, couch, or other asset, courts can consider the care of the animal when determining ownership.
Under California Family Code § 2605 (AB 2274), a court may award sole or joint ownership of a pet and can make temporary orders about who will care for the pet while a divorce is pending.
The history of who has actually cared for the pet can also matter. This may include who regularly feeds and walks the pet, takes it to veterinary appointments, pays for its care, and handles its day-to-day needs.
California courts can assign sole or joint ownership of a community property pet in a divorce. The right arrangement depends on the circumstances of the case and the care and well-being of the animal.
One spouse retains ownership of the pet
With sole ownership, one spouse is awarded the pet. The court may consider the history of the pet’s care and what arrangement best supports the animal’s care and well-being.
Both spouses share ownership of the pet
California law also allows a court to assign joint ownership. This can allow both spouses to remain involved in the pet’s life, with the details of the arrangement depending on the circumstances.