Rhode Island 2023 Regular Session

Rhode Island House Bill H5918 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5918
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7	7	LC002219
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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14	14	A N A C T
15	15	RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATION
16	16	Introduced By: Representatives Lima, Serpa, Cardillo, and P. Morgan
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House Judiciary
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21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Chapter 15-5 of the General Laws entitled "Divorce and Separation" is hereby 1
23	23	amended by adding thereto the following section: 2
24	24	15-5-30. Custody of domestic companion animals -- Pets. 3
25	25	(a) In awarding sole possession or ownership of a domestic companion animal in a divorce 4
26	26	or separation proceeding, the court shall consider the best interest of the animal and shall consider, 5
27	27	but not be limited to, the following: 6
28	28	(1) Which party owned the animal first or whether they purchased or acquired the animal 7
29	29	together following marriage; 8
30	30	(2) Which party assumed most of the responsibility for tending to the animal's needs 9
31	31	including, but not limited to, feeding, walking, grooming, and veterinarian visits; 10
32	32	(3) Which party spent more time on a regular basis with the animal; 11
33	33	(4) What living arrangement is in the best interest of the animal in question; 12
34	34	(5) Who presently wants sole possession or ownership and the proximity of the parties to 13
35	35	one another to enable shared custody; and 14
36	36	(6) Whether there are children involved in caring for the animal and the nature of their 15
37	37	attachment to the animal, including consideration of which parent has custody of the children, and 16
38	38	whether it is in the best interests of the children to keep the animal in their domicile for care and 17
39	39	affection. 18
40	40	(b) In awarding joint possession of a domestic companion animal, the court shall consider, 19
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43	43	LC002219 - Page 2 of 3
44	44	but not be limited to, the following: 1
45	45	(1) How long the animal will stay with each party to the animal possession determination; 2
46	46	(2) How veterinary visits and costs shall be handled; 3
47	47	(3) Who shall be responsible for basic needs of the animal including, but not limited to, 4
48	48	food, toys, pet sitting, and daycare expenses while the animal is in each party's home; and 5
49	49	(4) Any additional criteria the court determines relevant to the care and possession of the 6
50	50	animal. 7
51	51	(c) Either party to a divorce or separation proceeding pursuant to this chapter may petition 8
52	52	the court in a form prescribed by the court for the temporary allocation of sole or joint possession 9
53	53	of and responsibility for the companion animal jointly owned by the parties, and at any time prior 10
54	54	to the court's decision, the parties may also enter into an agreement allocating the sole or joint 11
55	55	ownership or responsibility for the companion animal. 12
56	56	(d) If the court finds that a companion animal of the parties is a marital asset, it shall 13
57	57	allocate the sole or joint ownership of and responsibility for a companion animal of the parties. In 14
58	58	issuing an order under this subsection, the court shall take into consideration the well-being of the 15
59	59	companion animal under the standards set forth in this section. 16
60	60	(e) As used in this section, "companion animal" means a domesticated animal or pet and 17
61	61	shall not include assistance animals (also called service animals), which are defined as any animal 18
62	62	that is individually trained to do work or perform tasks for the benefit of an individual with a 19
63	63	disability including a physical, sensory, psychiatric, intellectual, or other mental disability. 20
64	64	SECTION 2. This act shall take effect upon passage. 21
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71	71	EXPLANATION
72	72	BY THE LEGISLATIVE COUNCIL
73	73	OF
74	74	A N A C T
75	75	RELATING TO DOMESTIC RELATIONS -- DIVORCE AND SEPARATI ON
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77	77	This act would create a custody procedure for pets in divorce and separation proceedings 1
78	78	based on the best interests of the animal. This act would not apply to assistance/service animals. 2
79	79	This act would take effect upon passage. 3
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81	81	LC002219
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