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.
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