Pet visitation rights with my ex.

Question

Hello, I was in a domestic partnership for 14 years. We own four dogs together. I left the partnership at the end of 2022. My ex's new girlfriend does not want me over the house to visit the dogs. Do I have any legal rights even though myself and my ex we were not married?

Thank you

Answer

Ideally when people share an animal and split, there would be an agreement on custody/visitation. When this does not happen, the person not in possession often has the burden to commence a civil lawsuit. Some disputing parties agree to mediation instead of litigation (at least as a first step) to try to work out a fair agreement. The police can also be contacted, although the police do not usually intervene in animal custody disputes. It can be helpful for people to have on hand proof of “parenthood,” such as microchip registration, dog license, veterinary records, and adoption/purchase agreement. Courts might also consider who has been an animal’s primary caretaker, who has paid for the animal’s needs, and the best interests of the animal.

Animal custody laws have passed in a few states, including California. While these laws are applicable to divorce and legal separation proceedings, some courts have considered the well-being of animals in non-marital animal custody cases too. California’s law states, in part: “…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 a pet animal taking into consideration the care of the pet animal." The law defines “care” to include such things as “the provision of food, water, veterinary care, and safe and protected shelter.”