Q: I was served with divorce papers. We shared 4 pets and she is denying me custody or visitation. How do I get this added?

A: You would address this in your response to the petition. In the interim (while the case is pending), you can file a Request for Order to get temporary custody/visitation orders for the pets. While generally speaking, pets are considered property in a divorce, a relatively new pet custody law in California allows the courts to view pet ownership differently than, say, the ownership of a house or a vehicle. The California courts will now award custody based on what is best for the pet. The courts are now also allowed to create shared or joint custody agreements for companion animals.

A: In California, pets are considered personal property in a divorce, but the court may consider the care and well-being of the animals when deciding who gets ownership. To request visitation or custody of your pets, you should follow these steps:

1. Respond to the divorce petition: In your response, state that you disagree with the proposed division of property, specifically regarding the pets, and that you want to request custody or visitation rights.

2. Propose a pet custody plan: Develop a plan that outlines how you and your spouse will share custody of the pets or arrange visitation. Consider factors such as who has been the primary caregiver, who has the most suitable living situation for the pets, and how you will handle veterinary care and expenses.

3. Attempt mediation: If possible, try to negotiate a pet custody agreement with your spouse through mediation. A mediator can help you and your spouse reach a mutually agreeable solution without going to court.

4. File a motion: If mediation is unsuccessful, file a motion with the court requesting custody or visitation rights for the pets. In the motion, explain why you believe it's in the pets' best interest to have a shared custody arrangement or to grant you visitation rights.

5. Attend the hearing: The court will schedule a hearing to consider your motion. Be prepared to present your case and explain why your proposed pet custody plan is in the animals' best interest.

Remember, the court's primary concern is the well-being of the pets, so focus on demonstrating how your proposed arrangement will ensure their proper care and maintain their quality of life. It's advisable to consult with a family law attorney experienced in handling pet custody issues to guide you through the process and help you present a strong case.