Los Angeles Pet Custody Lawyer
Lost Angeles Pet Custody Lawyer
Top Los Angeles Pet Custody Lawyers
Pet custody is a unique area of family law, in that it requires parties to go through civil court (as opposed to family court). Many divorce attorneys have limited or no experience in civil court. When questions about pet care and ownership are not tied to a divorce or domestic abuse case, family courts do not have jurisdiction to make orders. This leaves civil court as the remedy of last resort. Couples grappling with pet custody issues can also elect to go to mediation to resolve their disputes.
At the Law Offices of Stephen L. Cawelti, our lawyers specialize in pet custody. In addition to being board-certified family law specialists, our attorneys have completed additional training in civil litigation and pet custody.
To many, pets are part of the family. At our firm, we understand what is at stake in your case. When you choose us, you can feel confident that every possible measure will be taken to protect your interests. Call now to schedule a consultation.
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Current California Pet Custody Law
Before January 1, 2019, pets in California were considered property. In a divorce, animals were viewed (in the eyes of the law) like a car, couch, or second vacation home. The spouse who was awarded ownership of the pet had to pay the other partner half of the animal’s value.
In 2019, AB 2774 was added to Section 2605 of California’s Family Code to differentiate pets from other types of inanimate marital assets.
This new law not only requires the court to assign sole or joint ownership of the pet when requested by a party, but also asks the court to take into consideration the care and well-being of the pet when determining custody.
What Animals Qualify as a “Pet”
Do all pets fall under this new law? What about hamsters, iguanas, a chinchilla? Current California law defines “pet animals” as “any animal that is community property and kept as a household pet.” So, while fish, birds, dogs, and cats certainly qualify, goats, pigs, horses or chickens may or may not…
Every case is different, which is why it is so important to gather your facts and evidence and efficiently present them to the judge.
How Pet Custody is Determined
The change to California’s Family Code differentiates pets from other properties (like a couch, TV, or rug). Section 2605 says that a judge should consider various factors when determining who gets to keep a pet.
Preparing Your Pet Custody Case
Factors a Judge Considers in Pet Custody
1. Who has been the primary caregiver of the animal?
2. Who is the animal registered to?
3. Who typically walks and plays with the animal?
4. Was the pet a gift?
5. Who paid for the animal?
6. Did the pet live with one partner before the relationship?
7. Does one person have a more pet-friendly living arrangement?
8. Does one person have a more pet-friendly work schedule?
9. Who normally takes the pet to the vet?
10. Does one partner have a stronger emotional connection to the animal?
An organized case is a successful case. If you are going to seek sole or joint ownership of your pet, it’s important to collect and organize the necessary information.
- Choose an Experienced Pet Custody Lawyer
- Pet custody is a niche area of family law, and requires the lawyer to go through civil court instead of the typical family law court (if the dispute is not tied to a divorce or domestic violence case). The majority of divorce attorneys are not trained or experienced in civil court. At the Law Offices of Stephen L. Cawelti, our lawyers are trained to handle pet custody cases in both family court and civil court. Hire a divorce attorney who has experience fighting for pet ownership.
- Gather Vet Information
- Gather vaccination records, microchip papers, vet checkup summaries, proof of heartworm or other prescription fills, and any health information that shows you care for your pet.
- Write Out Your Animal’s Schedule
- Take time to write out what a day in the life of your pet looks like. Make a list of reasons you are fit to keep their schedule the same.
- Gather Receipts
- If you have evidence of financial support for your pet, gather it in one place. Receipts for vet visits, food, licensing, toys, and more can show you have been supporting your pet and deserve sole or joint ownership.
- Write a Letter
- Writing a letter outlining your emotional connection to your pet can help you present a clear case when emotions are running high. Be prepared so you know what to say when it matters.
Pet Custody Process
Ownership of a pet can be determined either in court, through mediation or in an uncontested agreement.
Mediation is a great option for couples who are divorcing amicably. Mediation saves time, money, and stress and allows you to maintain more control. If you choose to decide your pet’s custody in mediation, you can bypass the courtroom and create an agreement that works for both parties. Your mediation agreement must be signed off by a judge.
If your separation is contentious, you can have a judge decide who will take ownership of your pet. While you are in this process the judge can assign a temporary guardian to ensure your pet is well taken care of before a final decision is made.
Pet Custody Possible Outcomes
New California law (Section 2605 of the Family Code) states that more than one person can be assigned ownership of a pet. You can have either a temporary, sole, or joint ownership pet custody agreement.
Temporary Pet Custody: Temporary custody is awarded until the final verdict is reached in court.
Sole Pet Custody: If you have sole custody of your pet, you are the sole owner. You make all the decisions regarding your pet and get 100% custody.
Joint Pet Custody: If you have joint custody, you share the decision-making and the time spent with the pet. Joint custody does not mean time will be equally split between both parties.
Don’t be discouraged if you didn’t buy your pet or don’t check all the boxes a judge considers. If you have a good relationship with your pet and are responsible, there is hope for at least partial custody.
It is common for pet custody to align with child custody in situations where there are both animals and children. The pet often becomes an extension of the co-parenting agreement and will travel between homes with the kids.
Stephen L. Cawelti
Stephen is a board certified divorce attorney who has specialized in complex family law matters since 2006 in California. He has acted as the lead attorney on hundreds of divorce cases and argued before the Los Angeles, Orange, Riverside, San Bernardino and Ventura County Superior Courts. He was voted by Pasadena Magazine as one of the “Top Family Law Attorneys” in the area for 7 years in a row and named a “Rising Star” by SuperLawyers.
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