BILL NUMBER: S6222

SPONSOR: MARTINEZ
 
TITLE OF BILL:  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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to ensure that the best interests of
pets are taken into consideration during divorce or separation
proceedings.

 
SUMMARY OF PROVISIONS:

Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of
section 236 of the domestic relations law is renumbered subparagraph 15.
A new subparagraph 14 is added to require that courts consider the best
interest of companion animals when awarding possession of such animal
during divorce or separation proceedings
              

Section 2. Establishes the effective date.

 
JUSTIFICATION:

According to the American Veterinary Medical Association (AVMA), 36.5%
of American households owned a dog and 30.4% owned a cat in 2012.  As
many of these households know, companion animals usually become members
of the family. Although the nationwide divorce rate is at its lowest in
40 years, divorces still occur and can become contentious. Custody deci-
sions involving pets in divorce proceedings are not uncommon.

Courts typically deal with pets in divorce proceedings as they do with
personal property such as cars and furniture. For many families, pets
are the equivalent of children and must be granted more consideration by
courts to ensure that they will be properly cared for after a divorce.

In January of 2017, Alaska became the first state in the country to
require courts to consider the welfare of household pets when determin-
ing custody of such pets in divorce proceedings. It is now time for New
York to pass similar legislation.

 
PRIOR LEGISLATIVE HISTORY:

2017-18: A8663 Referred to Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.  NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT submitted in