Custody of Pet Animals

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED

LLS NO. 26-0595.01 Veronica Parish x2606 HOUSE BILL 26-1131
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
CONCERNING THE CUSTODY OF PET ANIMALS.101
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:1
HOUSE SPONSORSHIP
Valdez,
SENATE SPONSORSHIP
(None),
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 as1
follows:2
14-10-113.2. Disposition of pet animal - definition.3
(1) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE4
REQUIRES, "PET ANIMAL " HAS THE MEANING SET FORTH IN SECTION5
35-80-102.6
(2) I N A PROCEEDING FOR DISSOLUTION OF MARRIAGE OR IN A7
PROCEEDING FOR LEGAL SEPARATION OR IN A PROCEEDING FOR8
DISPOSITION OF PROPERTY FOLLOWING THE PREVIOUS DISSOLUTION OF9
MARRIAGE BY A COURT THAT AT THE TIME OF THE PRIOR DISSOLUTION OF10
THE MARRIAGE LACKED PERSONAL JURISDICTION OVER THE ABSENT11
SPOUSE OR LACKED JURISDICTION TO DISPOSE OF THE PROPERTY , THE12
COURT, UPON THE REQUEST OF A PARTY , SHALL AWARD CARE AND13
CUSTODY OF A PET ANIMAL.14
(3) IN AWARDING SOLE OR SHARED CUSTODY OF A PET ANIMAL ,15
THE COURT SHALL CONSIDER THE BEST INTEREST OF THE PET ANIMAL ,16
TAKING INTO ACCOUNT THE PET ANIMAL 'S HEALTH, SAFETY, COMFORT,17
AND WELL -BEING, AND ANY RELEVANT FACTS , INCLUDING , BUT NOT18
LIMITED TO:19
(a) W HETHER THE PARTIES ARE SEEKING SOLE OR SHARED20
CUSTODY OF THE PET ANIMAL;21
(b) E ACH PARTY 'S HISTORY WITH THE PET ANIMAL , INCLUDING22
WHO ACQUIRED THE ANIMAL; THE SUBSEQUENT AMOUNT OF TIME SPENT23
WITH THE PET ANIMAL ; EXPENSES INCURRED IN CARING FOR THE PET24
ANIMAL; AND PET ANIMAL CAREGIVING RESPONSIBILITIES UNDERTAKEN BY25
EACH PARTY , S U C H A S F E E D I N G, WALKING , PLAYING , GROOMING ,26
TRAINING, AND VETERINARY VISITS;27
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(c) T HE EMOTIONAL ATTACHMENT OF EACH PARTY TO THE PET1
ANIMAL, AND , IF RELEVANT , THE EMOTIONAL ATTACHMENT OF ANY2
CHILDREN IN THE HOUSEHOLD TO THE PET ANIMAL; AND3
(d) W HETHER THE COURT FINDS BY A PREPONDERANCE OF THE4
EVIDENCE THAT ONE OF THE PARTIES HAS COMMITTED ABUSE, CRUELTY,5
NEGLECT, OR VIOLENCE TOWARD AN ANIMAL OR A HUMAN.6
(4) IN AWARDING SHARED CUSTODY OF A PET ANIMAL, THE COURT7
SHALL ORDER A DIVISION OF CARE AND CUSTODY , INCLUDING, BUT NOT8
LIMITED TO , THE DIVISION OF TIME AND EXPENSES FOR FOOD , TOYS ,9
GROOMING, TRAINING , AND VETERINARY VISITS . IN THE EVENT OF A10
SUBSTANTIAL CHANGE OF CIRCUMSTANCE , A PARTY MAY FILE A11
COMPLAINT FOR MODIFICATION.12
(5) BEFORE THE COURT AWARDS CUSTODY OF A PET ANIMAL:13
(a) THE PET ANIMAL SHALL NOT BE TRANSFERRED, ENCUMBERED,14
CONCEALED, OR DISPOSED OF WITHOUT THE WRITTEN AGREEMENT OF ALL15
PARTIES OR AN ORDER OF THE COURT; AND16
(b) A PARTY MAY SEEK A TEMPORARY ORDER REGARDING17
CUSTODY, CARE, AND PAYMENT OF EXPENSES OF THE PET ANIMAL OR A18
PROTECTION ORDER , BUT A PARTY MUST NOT BE PREJUDICED BY A19
TEMPORARY ORDER WHEN SEEKING A FINAL DISPOSITION OF THESE ISSUES.20
(6) A NY TIME PRIOR TO THE COURT AWARDING CARE AND21
CUSTODY OF A PET ANIMAL, THE PARTIES MAY ENTER INTO AN AGREEMENT22
ALLOCATING THE SOLE OR SHARED CUSTODY OF THE PET ANIMAL.23
(7) T HE COURT MAY ENFORCE A PET ANIMAL CUSTODY24
AGREEMENT, INCLUDING THROUGH A COMPLAINT FOR CONTEMPT TO25
ENFORCE A JUDGMENT OF DIVORCE AND SEPARATION AGREEMENT AND26
THROUGH A COMPLAINT IN EQUITY TO ENFORCE AN AGREEMENT ENTERED27
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INTO BY NONMARRIED INDIVIDUALS . THE COURT MAY AWARD AN1
EQUITABLE REMEDY, INCLUDING SHARED CUSTODY OR BY DETERMINING2
THAT SOLE CUSTODY BY ONE PARTY IS IN THE BEST INTEREST OF THE PET3
ANIMAL USING THE PROCESS ESTABLISHED IN THIS SECTION.4
SECTION 2. In Colorado Revised Statutes, 14-10-113, amend5
(1) introductory portion as follows:6
14-10-113. Disposition of property - definitions.7
(1) In a proceeding for dissolution of marriage or in a proceeding8
for legal separation or in a proceeding for disposition of property9
following the previous dissolution of marriage by a court which THAT at10
the time of the prior dissolution of the marriage lacked personal11
jurisdiction over the absent spouse or lacked jurisdiction to dispose of the12
property, the court, subject to the provisions of subsection (7) of this13
section, AND SUBJECT TO SECTION 14-10-113.2 FOR DETERMINING14
CUSTODY OF A PET ANIMAL, shall set apart to each spouse his or her THEIR15
property and shall divide the marital property, without regard to marital16
misconduct, in such proportions as the court deems just after considering17
all relevant factors, including:18
SECTION 3. In Colorado Revised Statutes, 13-14-103, amend19
(1)(b)(V), (1)(b)(VI), (1)(b)(VII), and (2)(a) as follows:20
13-14-103. Emergency protection orders.21
(1) (b) An emergency protection order issued pursuant to this22
subsection (1) may include:23
(V) Restraining a party from molesting, injuring, killing, taking,24
transferring, encumbering, concealing, disposing of, or threatening harm25
to an animal owned, possessed, leased, kept, or held by any other party,26
a minor child of either of the parties, or an elderly or at-risk adult; or27
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(VI) Specifying arrangements for possession and care of an1
animal owned, possessed, leased, kept, or held by any other party, a minor2
child of either of the parties, or an elderly or at-risk adult; OR3
(VII) A WARDING TEMPORARY CUSTODY AND CARE OF A PET4
ANIMAL OF A PARTY INVOLVED.5
(2) (a) A verbal emergency protection order may be issued6
pursuant to subsection (1) of this section only if the issuing judge finds7
that the risk or threat of physical harm or the threat of psychological or8
emotional harm exists in close proximity to one or more persons or that9
the risk or threat of physical harm or the threat of psychological or10
emotional harm exists to the life or health of the minor child OR THE PET11
ANIMAL OF A PARTY INVOLVED in the reasonably foreseeable future.12
SECTION 4. Act subject to petition - effective date. This act13
takes effect at 12:01 a.m. on the day following the expiration of the14
ninety-day period after final adjournment of the general assembly (August15
12, 2026, if adjournment sine die is on May 13, 2026); ex cept that, if a16
referendum petition is filed pursuant to section 1 (3) of article V of the17
state constitution against this act or an item, section, or part of this act18
within such period, then the act, item, section, or part will not take effect19
unless approved by the people at the general election to be held in20
November 2026 a nd, in such cas e, will take effect on the date of the21
official declaration of the vote thereon by the governor.22
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