Colorado Bill Could Redefine Pet Custody in Divorce

As pets continue to occupy increasingly central roles in our lives, lawmakers across the United States are rethinking how they are treated in divorce proceedings. A new bill in Colorado is pushing that evolution further, asking courts to consider a pet’s best interest and the history of abuse within a relationship.

House Bill 26-1131, introduced by Democratic Representative Alex Valdez, would give Colorado courts explicit authority to determine custody arrangements for pets during divorce or legal separation. While the idea is not new—similar laws have been enacted in at least eight states and the District of Columbia—this proposal stands out for a critical addition: it allows judges to weigh whether either party has committed abuse, cruelty, neglect, or violence toward animals or humans.

Traditionally, pets have been treated as property in divorce cases, no different from furniture or vehicles. Over the past decade, however, states like Alaska, California, Illinois, and New York have begun to shift to a new standard that considers what is in the best interest of the animal.

These laws require courts to evaluate factors such as who acted as the pets’ primary caregiver, who paid for food and veterinary services, and the emotional bonds involved.

Colorado’s bill builds upon that framework. Under HB 26-1131, courts would take into account the pet’s health, safety, comfort, and well-being when awarding custody. They would also examine relevant facts, including but not limited to: 

• Whether sole or shared custody of the animal is being requested.
• Each party’s history with the animal and their caregiving role, including feeding, walking, grooming, and accessing veterinary care.
• Each party’s history of financial responsibility for the animal.
• The emotional attachment between the pet, the parties, and any children in the household. 
• And notably, any history of abuse, cruelty, neglect, or violence by either party toward animals or humans.

The inclusion of abuse history reflects growing awareness of the connection between animal cruelty and domestic violence, sometimes referred to as “the Link”. Studies have shown that individuals who abuse animals are more likely to engage in violence against people, and pets are often used as tools of control in abusive relationships.

Colorado has already acknowledged this connection in part. Since 2007, individuals seeking domestic violence protection orders in the state have been able to include provisions for their pets’ safety. HB 26-1131 would extend those protections by allowing courts to assign temporary custody of pets as part of emergency protection orders.

This could be especially significant in crisis situations, where victims may delay leaving abusive environments out of fear for their animals’ safety.

If enacted, HB 26-1131 would require courts to address pet custody when requested as part of a divorce proceeding. Judges could award sole or shared custody and would be responsible for outlining detailed arrangements, including how time and expenses are divided.

The bill also allows enforcement of pet custody agreements through legal mechanisms similar to those used for other aspects of divorce settlements. In urgent situations, courts could issue emergency orders determining temporary custody of pets.

After its initial introduction on February 4, the bill was referred to the Committee on Appropriations, where its fiscal implications will be reviewed. Whether it passes or not, HB 26-1131 reflects a broader cultural and legal shift: pets are no longer seen as just property, but as companions whose welfare matters. 

As more states grapple with similar legislation, Colorado’s approach could set a new standard, one that recognizes the complex, and sometimes troubling, dynamics that shape both human and animal well-being.