Pet Custody

Many judges avoid making orders regarding the custody and care of pets, viewing this issue as just one more thing the parties will fight about. Also, pets have traditionally been classified under the law as nothing more than "property," which ignores the emotional connection people have with their pets. Some parties have taken advantage of this situation by excluding the other party from have any contact with the pet or, worse, injuring or killing the animal.

As a result, the law will change effective January 1, 2007 to recognize the court's authority to make orders concerning the care of animals in domestic violence cases. We can assist in seeking appropriate orders for the protection of pets and to maintain the relationship each party and the children have with that animal.

SB 353 Signed by the Governor September 11, 2007
Allowing Courts to Issue Pet Restraining Orders
On September 11, 2007 the Governor signed into law SB 353 amending Family Code §6320 to provide that a Court, upon a showing a good cause, may grant exclusive care of any animal to a party, and may further restrain the other party from taking, attacking or harming the animal. The legislation was introduced by Senator Kuehl. For more information, click HERE.