What's happening
This bill requires courts to consider the best interest of companion animals when awarding possession in divorce or separation cases.
Why it matters
Shifts Legal Perspective on Pets. By requiring courts to consider the best interest of companion animals, the bill moves away from treating pets purely as property in divorce or separation cases, potentially resulting in decisions more aligned with the welfare of the animal rather than just ownership rights.
May Affect Custody Outcomes. The new standard could lead to different outcomes in pet custody, especially when one party is better able to provide for the animal’s physical and emotional needs—affecting who ultimately keeps the pet.
Sets a Precedent for Animal Welfare in Law. This change could pave the way for broader legal recognition of animals’ interests in other contexts, signaling a growing societal shift toward considering animal welfare in legal decisions.
Provides Clarity and Consistency. By defining “companion animal” using existing law and mandating a best-interest standard, the bill aims to provide clearer, more consistent guidance for judges and litigants in often contentious pet custody disputes.
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Who cares
Headline styles
Pets' Interests in Divorce
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Pets' Best Interest in Divorce
In Assembly Committee · Judiciary · Sponsor Monica Martinez
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1097
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
Introduced by M. of A. GLICK, L. ROSENTHAL, LUPARDO, COOK, VANEL, JEAN- PIERRE, JAFFEE, ZEBROWSKI, MOSLEY, ABBATE, SEAWRIGHT, M. G. MILLER, RIVERA -- read once and referred to the Committee on Judiciary
AN ACT to amend the domestic relations law, in relation to requiring the court to consider the best interest of a companion animal when awarding possession in a divorce or separation proceeding
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as renumbered by chapter 229 of the laws of 2009, is renumbered subparagraph 15 and a new subparagraph 14 is added to read as follows:
(14) in awarding the possession of a companion animal, the court shall consider the best interest of such animal. "Companion animal," as used in this subparagraph, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law;
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05686-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.