When couples separate or divorce, the division of property, finances, and child custody often dominate the conversation. But for many people, a beloved pet is much more than property, it’s a member of the family. Rhode Island has now recognized that reality. As of mid-2024, the state legislature adopted R.I. Gen. Laws § 15-5-30, which specifically addresses custody of domestic companion animals in divorce or separation cases.
This new law marks an important shift: pets are no longer treated purely like inanimate belongings. Courts must now assess custody of animals under a “best interests” standard that focuses on the animal’s welfare. Below, we’ll break down what this law means, how it works, and what it means for families going through divorce in Rhode Island.
Understanding R.I. Gen. Laws § 15-5-30
The law directs courts to consider the best interests of the animal when awarding sole or joint possession of a pet. This includes looking at factors such as who originally acquired the animal, who provides daily care and veterinary attention, who spends more time with the pet, and which living arrangement would best serve the animal’s needs. If children are involved, the court may also consider their emotional attachment to the pet and whether keeping the animal with the custodial parent would benefit the children’s well-being.
Rhode Island courts can now also grant joint possession, allowing both parties to share custody of a pet. In those cases, the court may set guidelines for how long the animal stays with each person, how veterinary costs are divided, and who handles responsibilities like feeding and grooming. Either party can petition for temporary possession while the case is pending, and couples are free to reach their own custody agreements before the court makes a final ruling.
If a companion animal is considered a marital asset, the court must divide ownership while still considering the welfare of the animal. The statute defines “companion animal” as a domesticated animal or pet, but it does not apply to service animals trained to assist individuals with disabilities.
Why This Change Matters
Before this law, Rhode Island courts treated pets as property, no different from a car or a piece of furniture. Under the new statute, pets receive special consideration that reflects their role as family members. Judges now weigh the emotional and caretaking relationships involved, making room for creative solutions such as shared custody or negotiated care arrangements.
This change also allows parties to petition for temporary custody early in the process, ensuring that beloved animals aren’t left in limbo while a divorce is pending. It represents one of the most compassionate approaches to pet custody in the country.
What Pet Owners Should Know
If you are divorcing and want to keep or share custody of a pet, documentation and preparation can make a significant difference. Keep records showing your involvement in caring for the pet, such as vet receipts, grooming bills, and photos. Demonstrate that your home and lifestyle can accommodate the animal’s needs.
It’s also wise to discuss potential custody arrangements early. If possible, negotiate a plan with your spouse or partner that keeps the pet’s welfare at the center. Courts are often willing to approve reasonable, mutually agreed-upon arrangements. And if you’re worried about losing access to your pet during the divorce process, you can request temporary possession until the final judgment is issued.
A Step Forward in Rhode Island Family Law
Rhode Island’s adoption of § 15-5-30 shows that the law is evolving alongside modern families’ values. Pets are no longer mere possessions, they are companions whose well-being deserves thoughtful consideration during a divorce.
If you are facing a divorce or separation and are concerned about what will happen to your pet, The Law Office of Steven J. Hart can help. Our team understands the emotional importance of these cases and can guide you through the process with compassion and clarity. We’ll help you protect both your rights and your pet’s best interests.
Contact us today to schedule a consultation and learn how this new Rhode Island law could affect your divorce or custody case.