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H 1817

An Act standardizing consideration of pets in divorce and separation

194th Legislature (2025-2026) Introduced by Jim Arciero and 30 co-sponsors

Bill H 1817 prioritizes pets' welfare in divorce, allowing courts to consider their well-being in custody disputes, ensuring humane treatment and shared care arrangements.

Hearing scheduled for 04/22/2025 from 01:00 PM-05:00 PM in A-2
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Bill Summary · H 1817

Summary of Bill H 1817: An Act Standardizing Consideration of Pets in Divorce and Separation

Bill Number: H 1817
Introduced: February 27, 2025
Status: Hearing scheduled for April 22, 2025, from 01:00 PM to 05:00 PM in A-2
Presented By: Representative Meghan K. Kilcoyne and co-sponsors

Purpose and Intent

Bill H 1817 aims to establish a standardized legal framework for the consideration of pets during divorce and separation proceedings in Massachusetts. The bill recognizes pets as companions rather than mere property and seeks to ensure that their welfare is prioritized in custody disputes.

Key Provisions

The bill proposes amendments to Chapter 208 of the General Laws, specifically:

1. Best Interests of the Animal

  • Courts must consider the health, safety, comfort, and well-being of the pet when determining custody arrangements.
  • The bill mandates that any history of abuse, cruelty, or neglect by any party or household member be taken into account.

2. Custody Requests

  • Upon filing for divorce or separation, either party may request the court to award care and custody of a pet.
  • The court will evaluate:
    • Each party's history with the pet (acquisition, care, expenses).
    • The emotional attachment of each party and any children involved.
    • Any relevant histories of abuse or violence.

3. Shared Custody Arrangements

  • If shared custody is awarded, the court will outline a division of care and associated expenses (food, grooming, veterinary visits).
  • Parties may seek modifications to custody arrangements in the event of a substantial change in circumstances.

4. Temporary Orders

  • Before a final custody decision, the court can issue temporary orders regarding custody and care of the pet.
  • Parties are prohibited from transferring or disposing of the pet without mutual agreement or court order.

5. Enforcement of Agreements

  • The court can enforce custody agreements through contempt complaints or equity complaints, ensuring compliance with custody arrangements.

Who Would Be Affected

  • Divorcing or separating couples with pets will be directly impacted, as the bill provides a legal framework for resolving disputes over pet custody.
  • Judges and legal practitioners will need to adapt to the new considerations and procedures outlined in the bill.
  • Animal welfare advocates may find this bill aligns with their goals of promoting the humane treatment of pets.

Procedural Aspects

  • The bill was referred to the Judiciary Committee on the day it was introduced.
  • A hearing is scheduled for April 22, 2025, where stakeholders can present their views on the bill.

Conclusion

Bill H 1817 represents a significant shift in how the legal system views pets in the context of divorce and separation, emphasizing their status as companions deserving of consideration in custody disputes. If enacted, it will provide a structured approach to resolving pet custody issues, prioritizing the welfare of the animals involved.

Compiled from official sources — confirm details with the bill’s official record.

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