Millions of Pennsylvanians treat their dogs and cats as beloved family members. In many divorces, determining what will happen to pets is a prime concern. However, state law still reflects the old standard under which pets are legally considered property. Increasingly, states around the country are recognizing that dogs and cats mean so much more to people than furniture or appliances, and that the divorce process should reflect this.

Now, Representative Anita Kulik is trying to change this. She has introduced legislation that would require courts to treat disputes involving pet arrangements in a divorce more like custody cases than asset division issues. If enacted, the law would require judges obtain the following information when determining where a dog or cat will live once the marriage ends:

  • When the pet first joined the home of one or both parties — In many cases, a spouse grows to love a dog or cat that was originally owned solely by their partner. However, it seems likely that the original owner would usually keep the animal with them following a divorce. 

  • The pet’s daily needs — Some pets are quite independent while others require closer care, frequent interaction with other animals and regular trips to the veterinarian. If the schedules of ex-spouses differ greatly, it might be in the dog or cat’s best interests to remain with the ex-spouse who is home more. Additionally, the pet might benefit by staying with the person who is already primarily responsible for meeting their daily needs. 

  • Financial ability to make the pet comfortable — The bill proposes that courts consider which spouse can provide the best living environment for the pet, which includes a review of who has the requisite financial resources.

Several other states, including New York and California, have already revised their laws so that decisions on pet custody are made based on the animal’s best interests rather than treating a dog or cat as inanimate property. Reviewing each spouse’s respective emotional ties to a pet can be very challenging because the animals cannot speak for themselves. However, supporters of the bill believe it is an important step forward in ensuring a fair and compassionate approach to determining pet custody.

Chan & Associates in Lancaster advises Pennsylvanians on disputes over pets and every other aspect of the state’s divorce process. Please call 717-869-0015 or contact me online to discuss what’s most important to you if your marriage is ending.