2023 -- H 5918

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LC002219

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION

     

     Introduced By: Representatives Lima, Serpa, Cardillo, and P. Morgan

     Date Introduced: March 01, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 15-5 of the General Laws entitled "Divorce and Separation" is hereby

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amended by adding thereto the following section:

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     15-5-30. Custody of domestic companion animals -- Pets.

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     (a) In awarding sole possession or ownership of a domestic companion animal in a divorce

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or separation proceeding, the court shall consider the best interest of the animal and shall consider,

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but not be limited to, the following:

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     (1) Which party owned the animal first or whether they purchased or acquired the animal

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together following marriage;

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     (2) Which party assumed most of the responsibility for tending to the animal's needs

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including, but not limited to, feeding, walking, grooming, and veterinarian visits;

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     (3) Which party spent more time on a regular basis with the animal;

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     (4) What living arrangement is in the best interest of the animal in question;

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     (5) Who presently wants sole possession or ownership and the proximity of the parties to

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one another to enable shared custody; and

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     (6) Whether there are children involved in caring for the animal and the nature of their

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attachment to the animal, including consideration of which parent has custody of the children, and

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whether it is in the best interests of the children to keep the animal in their domicile for care and

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affection.

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     (b) In awarding joint possession of a domestic companion animal, the court shall consider,

 

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but not be limited to, the following:

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     (1) How long the animal will stay with each party to the animal possession determination;

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     (2) How veterinary visits and costs shall be handled;

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     (3) Who shall be responsible for basic needs of the animal including, but not limited to,

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food, toys, pet sitting, and daycare expenses while the animal is in each party's home; and

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     (4) Any additional criteria the court determines relevant to the care and possession of the

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animal.

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     (c) Either party to a divorce or separation proceeding pursuant to this chapter may petition

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the court in a form prescribed by the court for the temporary allocation of sole or joint possession

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of and responsibility for the companion animal jointly owned by the parties, and at any time prior

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to the court's decision, the parties may also enter into an agreement allocating the sole or joint

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ownership or responsibility for the companion animal.

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     (d) If the court finds that a companion animal of the parties is a marital asset, it shall

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allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In

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issuing an order under this subsection, the court shall take into consideration the well-being of the

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companion animal under the standards set forth in this section.

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     (e) As used in this section, "companion animal" means a domesticated animal or pet and

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shall not include assistance animals (also called service animals), which are defined as any animal

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that is individually trained to do work or perform tasks for the benefit of an individual with a

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disability including a physical, sensory, psychiatric, intellectual, or other mental disability.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION

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     This act would create a custody procedure for pets in divorce and separation proceedings

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based on the best interests of the animal. This act would not apply to assistance/service animals.

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     This act would take effect upon passage.

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