Q: I am separating from my husband and moving out of the country. How can I take the dog with me ?
His family bought the dog for us 7 years ago but I am the one that takes care of it and the dog is attached to me
A: California Family Code Section 2605 allows courts to take into consideration the "care" of a pet when determining ownership during a divorce or separation. Judges can now assign sole or joint ownership based on what is in the best interest of the pet, similar to child custody decisions. Factors considered might include who primarily takes care of the pet, ensures its wellbeing, and with whom the pet is more bonded. While the original source or purchase of the pet might be a consideration, it won't be the sole determinant. Therefore, if you've been the primary caregiver and can show that it's in the pet's best interest to be with you, it strengthens your claim to take the dog with you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
