More on Mediation and Animal Companions
I continue to get more inquiries about animal companions in mediation.
One example is a person who entered a relationship with a man who owned a dog before they met. Over the years, she and the dog became close and the pet had much less interaction with the boyfriend. As their relationship was coming to an end, she was worried about what would happen to the dog.
State laws do vary, of course, but in most states laws require that courts divide all community property, including companion animals, equally. Companion animals are considered no different than tangible property like furniture.
Some states, such as Alaska and Illinois, have adopted new laws to address this issue with California not far behind in 2018. Since then New Hampshire, Maine and New York have also passed new laws. Delaware and Rhode Island are considering to do the same.
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California’s AB2274 empowered courts to consider “the care of the pet animal” in cases of divorce or legal separation. The new law made it possible for courts to create shared custody agreements. The bill’s original language was stronger, requiring courts to address the well-being of the companion animal. The final language was that courts “may” address the issue.
In effect the laws make it possible for the courts to enforce custody and visitation arrangements similar to ones for young children. The laws change the focus from ownership of tangible property to what is in the best interest of the companion animal. In these states the courts no longer award the pet to one party. Instead, they can arrange a custody and visitation schedule.
In states with new laws, separating partners may include their animal companion’s custody and care as part of their mediation along with other issues. In states without similar laws, there is nothing that prevents parties from using the same approach during mediation if both parties are willing to do so.