The Pennsylvania House of Representatives has made history by declaring pets as family members in the recently passed House Bill 97. With the passing of HB97, Pennsylvania now potentially joins Alaska, California, Illinois, New York, and New Hampshire in passing legislation that specifically heightens animal status by prioritizing animal wellbeing in family law disputes. Upon approval from the Pennsylvania Senate, HB97 will be enacted within sixty (60) days.
The Bill amends Title 23 of the Pennsylvania Consolidated Statutes by permitting the Court to make determinations as to the possession and care of “companion animals” based on that animal’s best interests. The Bill defines Companion Animals as, “an animal that is a domesticated, living being, commonly referred to as a pet or has been bought, bred, raised, or otherwise acquired in accordance with applicable law for the primary purpose of providing the owner with assistance in relation to a disability, or security or companionship, rather than business or agricultural purposes.” See, §3103(1)(i)-(ii).
Specifically, §3105 of HB97 provides that parties can enter into an enforceable agreement whereby the custody arrangements and financial responsibility of each party with respect to the companion animal are determined. If such an agreement cannot be reached, then §3502 provides that the Court can determine the possession and care of the companion animal upon the request of the parties. In making its determination, the Court can consider the following factors:
- Whether the companion animal was acquired before or during the marriage;
- Which party provides for the basic daily needs of the companion animal;
- Which party generally facilitates veterinary care for the companion animal;
- Which party generally provides the companion with social interaction;
- Which party generally ensures compliance with State and Local regulations regarding the companion animal; and
- Which party has the greater ability to financially support the companion animal.
In the wake of HB97’s passing, many Pennsylvania residents are wondering what the rise in companion animal status will mean in the long run. Does this mean Pennsylvania is recognizing my pet as a child? Can I now claim my pet as a dependent on my taxes? Can I now take legal action when my pet is banned from certain Housing Authorities?
In short, the answer is no.
While the Bill acknowledges the irreplaceable role companion animals play within a family unit by regarding them as “cherished family members” and appears to utilize a “best interest” standard similar to the one used in child custody and visitation cases, HB97 does not intend to equate animals to children. The language in §3102 refers to companion animals as “occupying a special category of personal property…[therefore] special consideration should be extended to companion animals when the division of personal property is planned or determined under this part.” While not given the full legal benefit human children possess, HB97 makes it clear that companion animals will no longer be the equivalent of expensive dining room furniture destined to be sold or bartered over during separation. While this may not mean that you are able to claim Fido as a dependent on your taxes or go to bat with your HOA for their unfair breed restrictions, it does represent acknowledgement of the cultural shift surrounding pet guardianship.
Moreover, HB97 opens the door for the creative legal argument and potential future precedent surrounding pet support, requiring one or both parties to utilize pet insurance, and stronger penalties for intentional harm done to companion animals by separating partners or outside parties.
What are your thoughts on HB97? Would the Bill’s passage be a step in the right direction for animal rights? Should New Jersey follow in the footsteps of its bordering states and pass similar legislation? Comment below…
As always, if you have questions regarding the equitable distribution of your beloved pets during a divorce or separation, call the Law Office of Gregory C. Dibsie at (856)-227-4025 for expert legal assistance.
Written By: Kaitlyn E. Dibsie, Esq.