New Colorado Bill Would Redefine Pets as Family—Not Property

A proposed bill might let Colorado courts decide who gets custody of pets when a marriage ends.

The bill, which was introduced in early February, recently passed through the Colorado House Judiciary Committee. Called HB26-1131 “Custody of Pet Animals,” the bill would grant the state courts the authority to determine which pet parent would be better suited to care for an animal in the case of divorce. 

The bill lays out specific criteria for the courts to take into account, such as each parent’s history with the pet, who adopted the animal, the distribution of care and expenses for walks, grooming, training, and vet visits, as well as the emotional attachment of each party. If awarding shared custody, the courts would divide up care and custody, including time with the pet and other expenses. 

Couples would also be able to draft up their own custody agreements before the court makes a decision. Judges would be able to enforce those agreements. Colorado House Representative Alex Valdez sponsored the bill, in an effort to raise awareness of pets’ wellbeing.

 “While I don't have any life story that was the catalyst behind this legislation, I am bringing this bill hoping to take a meaningful step towards acknowledging pets are not property. They are family,” Valdez said in a statement to 9NEWS.

To Courthouse News Service, he explained that Colorado law does not treat pets as family members or as individuals with needs. When it comes to divorce proceedings, companion animals end up being part of the property distribution. 

“Existing law treats our pets like a toaster,” he said. “Right now, when you look at property, judges are not looking at animals any different than a couch or a sofa and this leads to inequitable outcomes, and increased litigation.” 

According to Courthouse News Service, California, Illinois, and Alaska have all passed similar legislation in recent years. Last September, the Pennsylvania House approved a comparable bill, classifying companion animals as “living beings that are generally regarded as cherished family members” and not personal property. 

The proposed bill only narrowly passed the initial hearing, however, and faces opposition. The Colorado Bar Association, particularly, raised some concerns about how divorces are often already overloaded with child custody and domestic violence. Additionally, some lawmakers have expressed concerns that adding pet custody hearings would increase the workload for lawyers and drive up additional costs.

“I have significant doubts about your ability to pare down the fiscal note,” Colorado State Representative Cecelia Espenoza said, per Courthouse News Service. Espenoza also acknowledged that she understood where the bill is coming from but does not see how the pet custody agreements would be practically applied in real-life family scenarios.

“My husband takes care of all the things on this list, but it’s my pet. He goes to the pet store and buys the dog food, so I wonder how all of this would play out,” Espenoza said, adding her concerns for how this bill would affect efficiency within the House. “If we pass this, we are going to unintentionally clog the docket, and that is a grave concern.”

The bill passed the House Judiciary Committee with a narrow 6-5 vote. If it is signed into law, it would go into effect in August.