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Pennsylvania bill would change how pet custody is decided in divorce cases

Pennsylvania bill would change how pet custody is handled in divorce cases
Pennsylvania bill would change how pet custody is handled in divorce cases 02:49

Divorce is a difficult time for partners, especially when it comes to child custody. And for couples who have pets, custody can cause just as many difficulties. Proposed legislation in Harrisburg would help the courts determine the issue. 

It may sound surprising, but a lot more custody cases aren't dealing with children; they're dealing with pets. A proposed bill would give judges guidelines to make decisions when it doesn't work out at home but someone wants to get the dog and cat.

"I can see it. Nobody wants to part with one of their pets. I can see how it would definitely bring out a lot of issues," said dog owner Nathan Holland. 

Right now, there are no laws on the books to clarify who gets the family pet, but that may all soon change with House Bill 97.

"There's no guidelines in the law right now for judges to do anything more with a pet than treat it as chattel, treat it the same way as 'well, we're going to divide up the furniture,'" said Rep. Anita Kulik. 

The bill's guidelines include: did the animal come into the marriage, who is really responsible for the pet's well-being, who feeds or walks the animal and who takes the animal to the vet? It also factors in who has primary custody of the children, if children are involved. There are exceptions, however, when it comes to certified service animals. 

Kulik, who spent 30 years as a practicing family law attorney, authored the bill and wants to make it clear. 

"I think some of my colleagues are worried that this bill is equating pet custody with child custody. That is not my intention, and that would never be my intention. There is nothing as important as our children," Kulik said. 

This isn't just cats or dogs. If it is seen as a family pet by both parties, the bills' guidelines will apply.

The bill is in the House and is expected to go to the House for approval.

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