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CARE COUNTSNew York

The legislation · 2025-2026 legislative session

What exists. What's proposed.

A plain-language snapshot, checked November 2, 2026. Bills change: always follow the official links for the latest actions. None of these proposals has been enacted.

In effect

DRL §236(B)(5)(d)(15)

New York Domestic Relations Law

Existing law

Within the matrimonial property framework, courts already must consider the best interest of a companion animal when awarding possession in a divorce or separation.

  • Applies within matrimonial actions
  • Best-interest consideration for companion animals
  • Does not itself list detailed care factors

Open the official DRL §236 statute (opens external source in a new tab)

Static snapshot checked November 2, 2026. Summary is ours, not official bill text.

Side by side

Comparison of current law, A740 and S8927 / A11651
AspectCurrent matrimonial statuteA740S8927 / A11651
StatusIn effectPending, in committeePassed Senate; pending in Assembly
Who it reachesMarried spousesSpouses and people who both lived with the animalSpouses in divorce
StandardBest interest of the animalAnimal's well-beingListed care factors
Daily care namedNot itemizedNot itemized in this summaryYes: daily needs, vet care, social interaction

A740 and S8927 / A11651 are separate proposals. This page is not legal advice and does not predict outcomes. Civil courts have also considered animal welfare outside marriage. We do not claim unmarried caregivers have no existing court route.

Our proposed improvements to A740

Pass the protection. Strengthen the process.

Campaign recommendations for lawmakers

What A740 already proposes

A740 proposes interim care and sole or joint ownership orders considering an animal's well-being in matrimonial cases and disputes involving an animal who lives or has lived with the parties. An interim care order should not determine final ownership.

Read the official A740 proposal (opens external source in a new tab)

What we ask to add or clarify

Broader protection needs a fair, usable process. These eight priorities ask lawmakers to make care, safety and evidence central while respecting temporary-care boundaries.

Our policy recommendations, not official bill text or lawyer-reviewed statutory language. A740 is pending, not enacted. Snapshot checked November 2, 2026.

  1. Prompt, accessible hearings

    Set defined short timelines, plain-language forms, adequate notice and a fair chance to present evidence. Emergency orders should be followed by prompt review.

  2. Consistent care-and-welfare factors

    Consider daily caregiving, veterinary responsibility, established bonds, stable routines, health and welfare fairly alongside ownership and adoption documents.

  3. Access to relevant evidence

    Provide a clear exchange and access process for veterinary, adoption, microchip, licensing and relevant caregiving records. No single document should automatically decide every dispute.

  4. Safeguards while a case is pending

    Build on A740's interim care authority with continuity of necessary veterinary care, relevant health updates and case-appropriate safeguards against hiding or transferring an animal. Preserve safety and emergency exceptions and judicial review.

  5. Safety-sensitive arrangements

    Consider documented abuse, coercive control or threats involving an animal. Allow safe, appropriate arrangements without automatically requiring shared possession or unsafe contact. Fair process and evidence remain central.

  6. Written reasons people can understand

    Require welfare- and evidence-based reasons for interim and final decisions across covered disputes, creating a comprehensible record.

  7. Clear eligibility and temporary-care boundaries

    Distinguish shared-household caregivers from pet-sitting, boarding and short-term help. Temporary care alone must not automatically become ownership. Clarify how qualified parties can be heard.

  8. Affordable access to the process

    Provide clear filing and service guidance, accessible procedures, fee relief where authorized and resources for people without lawyers.

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