Consider Companion Animals’ Interests in Determining Custody (Rhode Island)

Animals have long been treated like inanimate objects in the legal system, rather than as the living, feeling beings they are. But that could soon change in Rhode Island for animals in families going through divorce or legal separation. The Rhode Island General Assembly is considering a bill that would require a court to consider the best interests of a companion animal in divorce or separation proceedings.

An Act Relating to Domestic Relations — Divorce and Separation (H.B. 5918) outlines important factors for courts to consider when awarding sole or joint custody of a companion animal. These factors include assessing who has assumed which caregiving responsibilities, how much time each party has spent with the animal, children and their relationship with the animal, how time with the animal may be split, the management of veterinary costs and visits, and more.

In 2016, Alaska was the first state to enact companion animal custody legislation that allowed the courts to consider the best interests of animals in awarding custody. Since then, Illinois (2018), California (2018), New Hampshire (2019), and Maine (2021) have enacted similar companion animal custody laws.

This legislation has the potential to expedite companion animal custody decisions by providing a consistent legal framework for judges, as well as mindful decision-making for the animal involved in the dispute. The House Judiciary Committee held a public hearing for the bill on March 22, 2023. While the bill did not pass before the end of the 2023 legislative session, we look forward to supporting and advancing these and other animal protection measures in 2024.

The Animal Legal Defense Fund commends the bill’s sponsors, Rep. Charlene Lima (D-14), Rep. Patricia Serpa (D-27), Rep. Edward Cardillo, Jr. (D-42), and Rep. Patricia Morgan (R-26).

To learn more about active legislation in Rhode Island, please visit aldf.org/rhodeisland.