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Pennsylvania House of Representatives
04/25/2024 02:48 AM
Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20170&cosponId=24263
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House of Representatives
Session of 2017 - 2018 Regular Session

MEMORANDUM

Posted: June 29, 2017 03:26 PM
From: Representative Anita Astorino Kulik
To: All House members
Subject: Pet Custody in Divorce
 
In the near future, I intend to introduce legislation that would provide those undergoing a divorce with legal options for determining the best arrangement for the care and custody of their pets.

Specifically, this bill would establish the following factors which could be used by a judge when considering the custody of a companion animal:
  • Whether the animal was acquired prior to or during the marriage;
  • The basic daily needs of the animal;
  • The party who generally facilitates veterinary care and social interaction for the animal;
  • The party who generally ensures compliance with local and state regulations, such as licensing; and
  • The party who provides the greater ability to financially support the animal.

My bill would also enable parties to enter into an enforceable agreement outside of a divorce decree that provides for the possession and/or care for a companion animal.

As an attorney, I witnessed too many divorce proceedings in which a couple could not agree on the best arrangement for a beloved pet. At times, a pet can be used by one party as leverage against the other when negotiating the division of assets. Current law provides no special provisions for pets, instead treating them as if they were a couch or another inanimate object. This bill would ease one facet of the difficult divorce process by giving judges the ability to recognize the emotional attachment we have to our pets, as well as the well-being of a companion animal when determining its custody and care.

Please join me in sponsoring this important legislation.

Introduced as HB1652