What's happening
This bill allows courts to assign temporary or permanent care and ownership of companion animals during divorce or legal separation, considering the animal's well-being.
Why it matters
Prioritizes the animal’s well-being. By explicitly requiring courts to consider the well-being of the companion animal when making temporary or permanent care decisions, the bill shifts focus from viewing pets as mere property to recognizing their emotional and physical needs.
Provides stability during legal disputes. Allowing courts to assign responsibility for the animal’s care while divorce or separation proceedings are ongoing helps reduce uncertainty and potential distress for both the animal and the parties involved.
Allows for joint or sole ownership outcomes. Courts gain flexibility to assign either sole or joint ownership based on what is best for the animal, reflecting the complex realities of modern pet ownership and family dynamics.
Creates legal clarity and consistency. By defining “companion animal” in reference to existing law and applying these provisions to both domestic relations and agriculture/markets law, the bill establishes a clear, consistent process for courts to follow in pet custody disputes.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Define Pet Ownership Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
740
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Judiciary
AN ACT to amend the domestic relations law and the agriculture and markets law, in relation to providing for the legal ownership of a companion animal
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The domestic relations law is amended by adding a new section 256 to read as follows:
§ 256. Order to care for companion animal pending final determination; assignment of sole or joint ownership. 1. Notwithstanding any other law to the contrary, 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 companion animal to require a party to care for the companion animal taking into consideration the well-being of such companion animal. The existence of an order providing for the care of a companion animal during the course of proceedings shall not have any impact on the court's final determination of ownership of the companion animal.
2. Notwithstanding any other law, 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 the companion animal taking into consideration the well-being of the companion animal.
3. "Companion animal," as used in this section, shall have the same meaning as in subdivision five of section three hundred fifty of the agriculture and markets law.
§ 2. The agriculture and markets law is amended by adding a new section 387 to read as follows:
§ 387. Order to care for companion animal pending final determination. 1. Notwithstanding any other law to the contrary, in any proceeding
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02247-01-5
wherein at issue is ownership of a companion animal who currently does or has resided with parties to the lawsuit, the court may enter an order prior to the final determination of ownership of a companion animal to require a party to care for the companion animal taking into consideration the well-being of such companion animal. The existence of an order providing for the care of a companion animal during the course of proceedings shall not have any impact on the court's final determination of ownership of such companion animal.
2. Notwithstanding any other law to the contrary, in any proceeding wherein at issue is ownership of a companion animal who currently does or has resided with parties to the lawsuit, the court may assign sole or joint ownership of the companion animal taking into consideration the well-being of such companion animal.
3. "Companion animal" as used in this section shall have the same meaning as provided in subdivision five of section three hundred fifty of this article.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law.
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.