Custody of Pet Animals

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1131 LLS NO. 26-0595.01 Veronica Parish x2606 HOUSE SPONSORSHIP Valdez, SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING THE CUSTODY OF PET ANIMALS. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill gives the courts authority to make determinations for the care and custody of pet animals in proceedings for dissolution of marriage and legal separation. The bill permits a court to issue an emergency protection order concerning the custody and care of a pet animal.

Be it enacted by the General Assembly of the State of Colorado: Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

SECTION 1. In Colorado Revised Statutes, add 14-10-113.2 as follows:

14-10-113.2. Disposition of pet animal - definition.

(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES, "PET ANIMAL" HAS THE MEANING SET FORTH IN SECTION

(2) IN A PROCEEDING FOR DISSOLUTION OF MARRIAGE OR IN A PROCEEDING FOR LEGAL SEPARATION OR IN A PROCEEDING FOR DISPOSITION OF PROPERTY FOLLOWING THE PREVIOUS DISSOLUTION OF MARRIAGE BY A COURT THAT AT THE TIME OF THE PRIOR DISSOLUTION OF THE MARRIAGE LACKED PERSONAL JURISDICTION OVER THE ABSENT SPOUSE OR LACKED JURISDICTION TO DISPOSE OF THE PROPERTY, THE COURT, UPON THE REQUEST OF A PARTY, SHALL AWARD CARE AND CUSTODY OF A PET ANIMAL.

(3) IN AWARDING SOLE OR SHARED CUSTODY OF A PET ANIMAL, THE COURT SHALL CONSIDER THE BEST INTEREST OF THE PET ANIMAL, TAKING INTO ACCOUNT THE PET ANIMAL'S HEALTH, SAFETY, COMFORT, AND WELL-BEING, AND ANY RELEVANT FACTS, INCLUDING, BUT NOT LIMITED TO:

(a) WHETHER THE PARTIES ARE SEEKING SOLE OR SHARED CUSTODY OF THE PET ANIMAL;

(b) EACH PARTY'S HISTORY WITH THE PET ANIMAL, INCLUDING WHO ACQUIRED THE ANIMAL; THE SUBSEQUENT AMOUNT OF TIME SPENT WITH THE PET ANIMAL; EXPENSES INCURRED IN CARING FOR THE PET ANIMAL; AND PET ANIMAL CAREGIVING RESPONSIBILITIES UNDERTAKEN BY EACH PARTY, SUCH AS FEEDING, WALKING, PLAYING, GROOMING, TRAINING, AND VETERINARY VISITS;

(c) THE EMOTIONAL ATTACHMENT OF EACH PARTY TO THE PET ANIMAL, AND, IF RELEVANT, THE EMOTIONAL ATTACHMENT OF ANY CHILDREN IN THE HOUSEHOLD TO THE PET ANIMAL; AND

(d) WHETHER THE COURT FINDS BY A PREPONDERANCE OF THE EVIDENCE THAT ONE OF THE PARTIES HAS COMMITTED ABUSE, CRUELTY, NEGLECT, OR VIOLENCE TOWARD AN ANIMAL OR A HUMAN.

(4) IN AWARDING SHARED CUSTODY OF A PET ANIMAL, THE COURT SHALL ORDER A DIVISION OF CARE AND CUSTODY, INCLUDING, BUT NOT LIMITED TO, THE DIVISION OF TIME AND EXPENSES FOR FOOD, TOYS, GROOMING, TRAINING, AND VETERINARY VISITS. IN THE EVENT OF A SUBSTANTIAL CHANGE OF CIRCUMSTANCE, A PARTY MAY FILE A COMPLAINT FOR MODIFICATION.

(5) BEFORE THE COURT AWARDS CUSTODY OF A PET ANIMAL:

(a) THE PET ANIMAL SHALL NOT BE TRANSFERRED, ENCUMBERED, CONCEALED, OR DISPOSED OF WITHOUT THE WRITTEN AGREEMENT OF ALL PARTIES OR AN ORDER OF THE COURT; AND (b) A PARTY MAY SEEK A TEMPORARY ORDER REGARDING CUSTODY, CARE, AND PAYMENT OF EXPENSES OF THE PET ANIMAL OR A PROTECTION ORDER, BUT A PARTY MUST NOT BE PREJUDICED BY A TEMPORARY ORDER WHEN SEEKING A FINAL DISPOSITION OF THESE ISSUES.

ANY TIME PRIOR TO THE COURT AWARDING CARE AND CUSTODY OF A PET ANIMAL, THE PARTIES MAY ENTER INTO AN AGREEMENT ALLOCATING THE SOLE OR SHARED CUSTODY OF THE PET ANIMAL.

THE COURT MAY ENFORCE A PET ANIMAL CUSTODY AGREEMENT, INCLUDING THROUGH A COMPLAINT FOR CONTEMPT TO ENFORCE A JUDGMENT OF DIVORCE AND SEPARATION AGREEMENT AND THROUGH A COMPLAINT IN EQUITY TO ENFORCE AN AGREEMENT ENTERED INTO BY NONMARRIED INDIVIDUALS. THE COURT MAY AWARD AN EQUITABLE REMEDY, INCLUDING SHARED CUSTODY OR BY DETERMINING THAT SOLE CUSTODY BY ONE PARTY IS IN THE BEST INTEREST OF THE PET ANIMAL USING THE PROCESS ESTABLISHED IN THIS SECTION.

SECTION 2. In Colorado Revised Statutes, 14-10-113, amend (1) introductory portion as follows:

14-10-113. Disposition of property - definitions.

(1) In a proceeding for dissolution of marriage or in a proceeding for legal separation or in a proceeding for disposition of property following the previous dissolution of marriage by a court which THAT at the time of the prior dissolution of the marriage lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of the property, the court, subject to the provisions of subsection (7) of this section, AND SUBJECT TO SECTION 14-10-113.2 FOR DETERMINING CUSTODY OF A PET ANIMAL, shall set apart to each spouse his or her THEIR property and shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors, including:

SECTION 3. In Colorado Revised Statutes, 13-14-103, amend (1)(b)(V), (1)(b)(VI), (1)(b)(VII), and (2)(a) as follows:

13-14-103. Emergency protection orders.

(1) (b) An emergency protection order issued pursuant to this subsection (1) may include:

(V) Restraining a party from molesting, injuring, killing, taking, transferring, encumbering, concealing, disposing of, or threatening harm to an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult; or

(VI) Specifying arrangements for possession and care of an animal owned, possessed, leased, kept, or held by any other party, a minor child of either of the parties, or an elderly or at-risk adult; OR

(VII) AWARDING TEMPORARY CUSTODY AND CARE OF A PET ANIMAL OF A PARTY INVOLVED.

(2) (a) A verbal emergency protection order may be issued pursuant to subsection (1) of this section only if the issuing judge finds that the risk or threat of physical harm or the threat of psychological or emotional harm exists in close proximity to one or more persons or that the risk or threat of physical harm or the threat of psychological or emotional harm exists to the life or health of the minor child OR THE PET ANIMAL OF A PARTY INVOLVED in the reasonably foreseeable future.

SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.