Pennsylvania House Advances Bill Redefining Pet Custody in Divorce Cases

The Pennsylvania House of Representatives has taken a significant step toward changing how pets are treated in divorce proceedings.

 

On Monday, the House passed House Bill 97, sponsored by Rep. Anita Kulik of Allegheny County, with a vote of 121-82.

 

This legislation aims to recognize companion animals as "living beings that are generally regarded as cherished family members," moving them beyond their current classification as inanimate property.

 

Under existing Pennsylvania law, pets are treated similarly to furniture or appliances during divorce settlements.

 

House Bill 97 seeks to change this by requiring judges to consider specific factors when determining the possession and care of a pet.

 

These factors include:

 

– Whether the animal was acquired before or during the marriage.

 

– The basic daily needs of the animal.

 

– Which party generally facilitates veterinary care and social interaction.

 

– Which party ensures compliance with state and local regulations, such as licensing.

 

– The party that provides the greater financial ability to support the animal.

 

The bill also presumes that a service animal should remain with the party who uses it or with the party who has custody of a child under 18 who uses the animal.

 

Rep. Kulik, drawing from her experience as a family law attorney, noted that pets are often used as leverage during asset negotiations in divorce cases.

 

She emphasized that the bill is intended to provide a mechanism to resolve these issues while allowing divorcing parties to enter into enforceable agreements regarding the pet’s possession and care.

 

The legislation adds a new subsection to the Domestic Relations law, stating that the Commonwealth recognizes companion animals as occupying a special category of personal property, distinct from inanimate personal property.

 

If enacted, the law would take effect 60 days after its passage.

 

As the bill moves to the state Senate for consideration, it reflects a growing recognition of the emotional significance pets hold in families and the need for legal frameworks that acknowledge this bond.

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