Full Statute Name:  West's Annotated California Codes. Family Code. Division 7. Division of Property. Part 4. Special Rules for Division of Community Estate. § 2605. Care and ownership of pet animal

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Primary Citation:  West's Ann. Cal. Fam. Code § 2605 Country of Origin:  United States Last Checked:  September, 2019 Alternate Citation:  CA FAM § 2605 Date Adopted:  2018 Historical: 
Summary: This California law, effective January of 2019, allows to court to enter an order, at the request of a party, for a party to care for the pet animal prior to the entry of a final order. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court's final determination of ownership of the pet animal.

(a) The court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may enter an order, prior to the final determination of ownership of a pet animal, to require a party to care for the pet animal. The existence of an order providing for the care of a pet animal during the course of proceedings for dissolution of marriage or for legal separation of the parties shall not have any impact on the court's final determination of ownership of the pet animal.

(b) Notwithstanding any other law, including, but not limited to, Section 2550, the court, at the request of a party to proceedings for dissolution of marriage or for legal separation of the parties, may assign sole or joint ownership of a pet animal taking into consideration the care of the pet animal.

(c) For purposes of this section, the following definitions shall apply:

(1) “Care” includes, but is not limited to, the prevention of acts of harm or cruelty, as described in Section 597 of the Penal Code, and the provision of food, water, veterinary care, and safe and protected shelter.

(2) “Pet animal” means any animal that is community property and kept as a household pet.

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(Added by Stats.2018, c. 820 (A.B.2274), § 1, eff. Jan. 1, 2019.)

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