Colorado’s Pet Custody Bill Brings Animal Welfare Into Divorce Law
For decades, the legal system has treated pets as property, no different than a couch or a car. But anyone who has loved an animal knows that couldn’t be further from the truth. Now, a new bill in Colorado is challenging that outdated framework, and it could signal a major shift in how the law views animals, families, and safety.
A New Approach to Pet Custody
Colorado’s proposed legislation, House Bill 26-1131, would allow courts to determine custody arrangements for pets during divorce or legal separation, based not on ownership alone, but on what is in the animal’s best interest.
This means judges could consider:
Who has been the primary caregiver
Who provides financial support and veterinary care
The emotional bond between the pet and each person
The overall well-being, safety, and comfort of the animal
This is part of a growing movement across the U.S. to recognize pets as more than property and to treat them accordingly in legal decisions.
The Critical Difference: Addressing Abuse
What sets this bill apart is something especially important to our work at OAA: It explicitly allows courts to consider a history of abuse.
Under this proposal, judges could evaluate whether either party has committed:
Animal cruelty
Neglect
Domestic violence
Other forms of harm toward people or animals
This is more than a legal update. It’s a recognition of “the link” between animal abuse and human violence.
Why This Matters
We know that abuse rarely exists in isolation. Research and real-world cases consistently show:
Harm toward animals is often connected to harm toward people
Pets can be used as tools of control in abusive relationships
Survivors may delay leaving dangerous situations out of fear for their animals
Colorado has already taken steps in this direction by allowing pets to be included in protection orders. This bill builds on that progress by extending those considerations into custody decisions and emergency situations.
A Step Toward Safer Outcomes
If passed, this bill would:
Allow courts to assign temporary custody of pets in emergency situations
Create enforceable custody agreements for animals
Help ensure pets are placed in safe, stable environments
Reduce barriers for survivors trying to leave abusive relationships
These are not small changes, they are practical protections that can directly impact both human and animal safety.
What This Means for Ohio
While this bill is in Colorado, the implications are national. At Ohio Animal Advocates, we’ve been working to:
Raise awareness about the link between animal abuse and human violence
Promote tools like pet protective orders
Advocate for policies that recognize animals as part of the family
This legislation reflects the direction we believe all states should move toward.
Take Action in Ohio
If we want to see change here, it starts with awareness and advocacy. Here’s how you can help:
1. Learn and share “the link.” Understanding the connection between animal abuse and human violence is key to building support for stronger laws.
2. Connect with your lawmakers. Let your state representatives know that pets are family and their safety should be considered in legal decisions by submitting an action alert. Use our Action Alert page to show your support for Adding Animal Offenses as a Disqualifier to Foster & Adopt.
3. Sign up for the Ohio Animal Advocates newsletter to receive updates, resources, and action alerts on issues affecting animals across the state.
