For many couples, pets are more than just animals — they’re part of the family. So when a marriage ends, the question of who keeps the dog can become one of the most emotionally charged issues in a divorce.
In California, the law has shifted in recent years to reflect the importance of pets in our lives. If you’re navigating a divorce and concerned about pet custody, here’s what you need to know.
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California Law: Pets Are No Longer Just “Property”
Under California Family Code Section 2605, which went into effect in 2019, the court now has the authority to consider the care and well-being of a pet when determining who will retain custody after a divorce.
Before this law, pets were treated like any other community property — to be assigned to one party or the other with little regard for emotional bonds or caregiving roles. Now, the court has discretion to award sole or joint ownership of a pet and even issue temporary orders for care during the divorce process.
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How Courts Determine Pet Custody
When deciding who gets the dog (or any other pet), California courts may consider several factors, including:
• Who primarily cares for the pet (feeding, walking, vet visits)
• The bond between each party and the pet
• Each party’s ability to provide a stable environment
• Work schedules and time availability
• Financial resources to cover pet-related expenses
• History of any abuse or neglect
The goal is to determine what arrangement serves the best interest of the animal — a shift toward a more humane and thoughtful approach to pet custody.
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Joint Custody and Pet Visitation
Yes, joint custody arrangements are possible. Some divorcing couples choose to share custody of their dog, rotating weeks or splitting time based on schedules, holidays, or travel plans.
While California courts are not required to enforce detailed visitation schedules for pets, any custody plan can be formalized in a marital settlement agreement. This allows both parties to have clear expectations and can help avoid future disputes.
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Reaching an Agreement Outside of Court
Whenever possible, we encourage clients to reach a mutual agreement on pet custody. You know your pet — and your family dynamic — better than any judge.
Mediation or collaborative divorce are great tools for creating custom agreements that work for everyone involved, especially your pet. These approaches often lead to more peaceful outcomes and reduce the emotional and financial cost of litigation.
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What About Other Types of Pets?
California’s pet custody laws apply to all companion animals, including cats, birds, rabbits, and more. Regardless of the species, the court will apply the same standards based on the well-being and care of the animal.
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How Our Firm Can Help
At Law Offices of Paul A. Eads, we understand that pets are family. Our family law attorneys stay up to date on California’s evolving legal standards for pet custody and can help you navigate this sensitive issue with care and clarity.
Whether you are negotiating a settlement or preparing for court, we can advocate for your rights — and your pet’s best interests.
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Have questions about pet custody in a California divorce?
Contact our office today to schedule a confidential consultation.