Quick Answer California became one of the first states to treat pet custody differently from other property in divorce. California Family Code section 2605, effective January 1, 2019, allows courts to consider the care of pets when dividing them in divorce. Before this law, pets were treated as regular property and simply awarded to one spouse or the other based on community property principles. Now California courts can consider factors including who has been the primary caregiver, who provides food and veterinary care, who walks and exercises the pet, and what arrangement best serves the pet’s welfare. Courts can also order shared custody arrangements similar to child custody. While not technically called custody, the practical effect is to give pets special consideration beyond ordinary property. Domestic violence restraining orders can also include protection for pets under California Family Code section 6320(b).
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The Old Approach to Pets in Divorce
Before 2019, California courts treated pets like any other property in divorce. A pet was a chattel, the legal term for movable property. The court divided pets the same way it divided furniture, vehicles, or other personal property.
Under this approach, pets were typically awarded to one spouse based on:
- Whether the pet was acquired before or during the marriage
- Who paid for the pet
- Who was listed as the owner on veterinary records
- Negotiated agreements between the spouses
The system did not consider what was best for the pet. A pet who had bonded deeply with one spouse could be awarded to the other simply because that spouse had paid for the pet originally. The pet’s welfare was legally irrelevant.
California Family Code Section 2605
Assembly Bill 2274, signed into law in 2018 and effective January 1, 2019, fundamentally changed how California treats pets in divorce. The bill added California Family Code section 2605, which explicitly allows the court to consider the care of pets when making division decisions. A board-certified family law specialist can help navigate pet custody issues in your divorce.
California Family Code section 2605 provides:
- The court can assign sole or joint ownership of a community property pet
- Either party can request the court make orders regarding the care of the pet pending the final division
- The court considers the care of the pet in making division decisions
- Care includes prevention of acts of harm or cruelty, providing food, water, veterinary care, and safe and protected shelter
This is significant because it gives courts express authority to consider the pet’s interests, not just the property interests of the spouses.
What the Law Considers
California Family Code section 2605 specifically defines care of a pet to include:
- Preventing acts of harm or cruelty
- Providing food and water
- Providing veterinary care
- Providing safe and protected shelter
These factors look at the quality of care each spouse provides or could provide. The court evaluates which spouse has been primarily responsible for these caregiving activities and which spouse is better positioned to continue them.
How Courts Decide Pet Custody
In contested pet custody cases, California courts consider various factors to determine the best arrangement for the pet. The analysis somewhat resembles but is distinct from child custody analysis. The pet has no constitutional rights, but the court does consider the pet’s welfare.
Primary Caregiver Analysis
The most important factor is typically who has been the primary caregiver. Evidence might include:
- Who feeds the pet daily
- Who walks the pet
- Who takes the pet to veterinary appointments
- Who grooms or bathes the pet
- Who buys pet food and supplies
- Who handles training
- Who provides emotional care and attention
Pet’s Attachment
Pets, especially dogs, often form stronger attachments to one family member. Evidence of this attachment can be presented including:
- How the pet responds to each spouse
- Whether the pet sleeps in one spouse’s bed
- Whom the pet follows around the house
- Behavioral observations during the marriage
Future Caregiving Capacity
The court considers each spouse’s ability to provide ongoing care:
- Work schedule and availability
- Housing situation (apartment, house, yard)
- Financial ability to pay for food, supplies, veterinary care
- Other pets in the household
- Family situation that affects pet care
Pet’s Specific Needs
Different pets have different needs that affect custody decisions:
- Dogs may need yards, regular exercise, and consistent training
- Senior pets may need special care and stability
- Pets with medical conditions need specialized attention
- Cats are generally more adaptable but still benefit from stable environments
Pet Care Factors
Beyond the basic best caretaker analysis, courts may consider additional factors:
Multiple Pets
When a family has multiple pets, courts often try to keep bonded pets together. Two dogs who have lived together for years may benefit from staying together rather than being split between households. Cats with shared territories may face stress if separated.
Children and Pets
When children are involved, courts may consider keeping the pet with the children to provide emotional continuity during the divorce. The pet may follow the primary custodial schedule of the children if there is one.
Living Situation Changes
Divorce often involves housing changes. A spouse moving to an apartment that does not allow pets may not be a suitable custodian even if they were the primary caregiver during the marriage. A spouse keeping the family home with a yard may be better positioned to care for dogs.
Shared Pet Custody Arrangements
California Family Code section 2605 explicitly allows the court to assign joint ownership of pets. This creates the possibility of shared pet custody arrangements similar to shared child custody.
Types of Shared Arrangements
- Alternating weeks or months
- Weekday/weekend splits
- School year/summer arrangements (especially when pets follow children)
- Holiday and special occasion sharing
- First right of refusal when traveling
Considerations for Shared Pet Custody
Shared pet custody works best when:
- Both spouses have suitable housing for the pet
- The pet adapts well to transitions
- Both spouses live reasonably close to each other
- Both spouses are committed to consistent care
- There is amicable communication about the pet
Shared custody may not work well for:
- Pets with anxiety or behavioral issues
- Senior pets who need stability
- Cats, who are highly territorial
- Pets with medical conditions requiring consistent management
- Highly contentious divorces where ongoing contact is problematic
Pet Visitation Schedules
Some divorce settlements include pet visitation schedules where one spouse has primary custody but the other has scheduled time with the pet. This recognizes the emotional bond without fully sharing custody.
Sample arrangements include:
- Every other weekend visits
- Weekly afternoon visits
- Holidays and birthdays
- Pet care during the primary caregiver’s vacations
- First right of refusal for petsitting
The enforceability of pet visitation schedules is uncertain. While California Family Code section 2605 allows ownership arrangements, true visitation schedules are less clearly authorized. Most pet visitation arrangements work through voluntary cooperation rather than court enforcement.
Pets and Domestic Violence
California Family Code section 6320(b) specifically allows Domestic Violence Restraining Orders to include protection for pets. This recognizes that pets are often used in domestic violence situations to control or harm victims.
Pet protection orders can include:
- Granting one party care, possession, and control of the pet
- Ordering the restrained party not to harm, contact, or come near the pet
- Including pets in stay away provisions
- Specific protection for pets identified by name and description
This protection is significant because abusers often threaten or harm pets to intimidate victims. The 2014 amendment to California Family Code section 6320 acknowledged that pets are often victims of domestic violence themselves.
Negotiating Pet Custody Outside Court
Most pet custody disputes are resolved through negotiation rather than litigation. Detailed agreements can address all aspects of pet care and ownership without court intervention. Considerations for pet custody negotiation include:
- Sole ownership versus shared arrangements
- Visitation schedules if one spouse has primary custody
- Division of pet related expenses (food, vet, supplies)
- Who pays for major medical expenses
- Decision making about veterinary care
- Care during travel or vacations
- Treatment of multiple pets
- Future modifications if circumstances change
- End of life decisions
Practical Considerations
Beyond the legal framework, practical considerations affect pet custody:
Pet’s Adaptability
Some pets adapt well to changes in household composition. Others suffer significant stress. Consulting with veterinarians or animal behaviorists can help assess what arrangement will work best for a specific pet.
Allergies and Medical Issues
New partners or children in either household may have pet allergies that affect what arrangements are possible. A pet who was tolerated during the marriage may not be welcome in a new household.
Long Term Commitments
Pets often live many years. Custody arrangements should anticipate the pet’s full expected lifespan. A dog acquired during marriage may live 10 to 15 years, meaning the arrangement will affect the spouses for many years.
Common Pet Custody Disputes
Common pet custody dispute scenarios:
- One spouse acquired the pet before marriage but the other primarily cared for it
- Both spouses claim emotional attachment to the pet
- The pet was gifted by one spouse to the other
- Children have bonded with the pet and want continued contact
- One spouse will live in housing that does not allow pets
- Multiple pets need to be distributed between households
- Disputes about veterinary care expenses
- One spouse is unable to financially maintain pet care
Frequently Asked Questions
Q: How is pet custody decided in California divorce?
A: California Family Code section 2605, effective January 1, 2019, allows courts to consider the care of pets when dividing them in divorce. The court can consider factors including who has been the primary caregiver, who provides food and veterinary care, who walks and exercises the pet, and what arrangement best serves the pet’s welfare. The court can assign sole or joint ownership and can order interim care arrangements pending final division. This is different from the previous approach that treated pets as ordinary property.
Q: Can California courts order shared pet custody?
A: Yes. California Family Code section 2605 specifically allows the court to assign joint ownership of pets, which creates the possibility of shared custody arrangements similar to child custody. Shared pet custody can work well when both spouses have suitable housing, the pet adapts well to transitions, and the spouses can communicate amicably. It may not work for pets with anxiety, territorial cats, senior pets needing stability, or highly contentious divorces. The court considers what is best for the specific pet given its temperament and the parties’ circumstances.
Q: Who gets the dog in a California divorce?
A: The court considers multiple factors. The most important is typically who has been the primary caregiver, including feeding, walking, veterinary care, and emotional bonding. The dog’s attachment to each spouse, the housing situation each spouse will have, the ability to provide ongoing care, and the dog’s specific needs all factor in. There is no automatic answer. A spouse who acquired the dog before marriage but did little caregiving may lose the dog to a spouse who primarily cared for it during the marriage. Shared custody is increasingly common in California.
Q: Can a restraining order include pets in California?
A: Yes. California Family Code section 6320(b) allows Domestic Violence Restraining Orders to specifically include protection for pets. This is important because abusers often threaten or harm pets to intimidate victims. The restraining order can grant one party care, possession, and control of the pet, order the restrained party not to harm or contact the pet, and include pets in stay away provisions. Pets identified by name and description can be specifically protected. This 2014 amendment to California law acknowledged that pets are often victims of domestic violence themselves.
Q: What if my spouse and I cannot agree about our pet?
A: Several options exist. First, you can mediate the dispute with a neutral mediator who can help find creative solutions. Second, you can negotiate through your attorneys. Third, the court can decide under California Family Code section 2605 if you cannot reach agreement. The court will consider the pet’s care, primary caregiver history, and what arrangement is best for the pet. Be aware that contested pet custody litigation can be emotionally draining and expensive. Many divorcing couples find negotiated settlements work better than asking a judge to decide.
Q: How is pet visitation enforced?
A: The enforceability of pet visitation schedules is uncertain in California. While California Family Code section 2605 allows ownership arrangements, true visitation schedules in the same way as child visitation are less clearly authorized. Most pet visitation arrangements work through voluntary cooperation between the parties rather than court enforcement. Including detailed pet visitation provisions in a written marital settlement agreement provides more enforceability than informal arrangements. Court intervention to enforce pet visitation is unlikely except in extreme cases of violation.
Q: Are pets considered community property in California?
A: Pets acquired during the marriage are community property under California Family Code section 760. However, California Family Code section 2605 allows the court to consider the pet’s care when dividing community property pets, which is different from the treatment of ordinary community property. Pets acquired before marriage or received as gifts to one spouse are separate property under California Family Code section 770. However, even with separate property pets, the court can consider the welfare of the pet if it has become integrated into the family during the marriage.
Q: Can we have a pet custody agreement separate from the divorce?
A: Yes. Detailed pet custody arrangements can be included in a marital settlement agreement that becomes part of the divorce judgment. The agreement can address ownership, custody schedules, decision making about veterinary care, division of expenses, and other relevant details. Including pet custody in the formal settlement gives it the force of a court order. Side agreements outside the divorce judgment have less enforceability. Working with an attorney to draft a comprehensive pet custody provision ensures it covers all important aspects.
Bottom Line
Pet custody in California has changed significantly since January 1, 2019, when California Family Code section 2605 took effect. Courts can now consider the care of pets when dividing them in divorce, including who has been the primary caregiver and what arrangement serves the pet’s welfare. The court can order sole or joint ownership and can address pet care pending final division. Shared pet custody arrangements similar to child custody are increasingly common. Domestic violence restraining orders can include protection for pets under California Family Code section 6320(b). Most pet custody disputes are resolved through negotiation rather than litigation, with detailed marital settlement agreements addressing ownership, custody schedules, expenses, and other practical considerations.
If you are facing a pet custody question in your California divorce, a free consultation with a board-certified family law specialist can help you understand your options and develop the right approach.
About the Author
Donald Glen Haslam, Esq. is a Board-Certified Family Law Specialist by the California State Bar Board of Legal Specialization and a senior partner at Haslam & Thorne, LLP in Ontario, California. He has practiced family law exclusively for over 40 years, representing families throughout San Bernardino County and the Inland Empire. Reviewed by Brian George Thorne, Esq., Board-Certified Family Law Specialist.
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Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Pet custody law has specific requirements that vary by case. For advice specific to your situation, consult with a licensed family law attorney. Reading this article does not create an attorney-client relationship with Haslam & Thorne, LLP.