A 740: Allows a court to determine legal ownership of a companion animal, taking into consideration the well-being of the companion animal, during proceedings for dissolution of marriage, legal separation and proceedings commenced by individuals who have both resided with the companion animal.

  
  STATE OF NEW YORK ________________________________________________________________________ 740 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Judiciary AN ACT to amend the domestic relations law and the agriculture and markets law, in relation to providing for the legal ownership of a companion animal The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The domestic relations law is amended by adding a new 2 section 256 to read as follows: 3 § 256. Order to care for companion animal pending final determination; 4 assignment of sole or joint ownership. 1. Notwithstanding any other law 5 to the contrary, the court, at the request of a party to proceedings for 6 dissolution of marriage or for legal separation of the parties, may 7 enter an order prior to the final determination of ownership of a 8 companion animal to require a party to care for the companion animal 9 taking into consideration the well-being of such companion animal. The 10 existence of an order providing for the care of a companion animal 11 during the course of proceedings shall not have any impact on the 12 court's final determination of ownership of the companion animal. 13 2. Notwithstanding any other law, the court, at the request of a party 14 to proceedings for dissolution of marriage or for legal separation of 15 the parties, may assign sole or joint ownership of the companion animal 16 taking into consideration the well-being of the companion animal. 17 3. "Companion animal," as used in this section, shall have the same 18 meaning as in subdivision five of section three hundred fifty of the 19 agriculture and markets law. 20 § 2. The agriculture and markets law is amended by adding a new 21 section 387 to read as follows: 22 § 387. Order to care for companion animal pending final determination. 23 1. Notwithstanding any other law to the contrary, in any proceeding EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02247-01-5 
 A. 740 2 1 wherein at issue is ownership of a companion animal who currently does 2 or has resided with parties to the lawsuit, the court may enter an order 3 prior to the final determination of ownership of a companion animal to 4 require a party to care for the companion animal taking into consider- 5 ation the well-being of such companion animal. The existence of an order 6 providing for the care of a companion animal during the course of 7 proceedings shall not have any impact on the court's final determination 8 of ownership of such companion animal. 9 2. Notwithstanding any other law to the contrary, in any proceeding 10 wherein at issue is ownership of a companion animal who currently does 11 or has resided with parties to the lawsuit, the court may assign sole or 12 joint ownership of the companion animal taking into consideration the 13 well-being of such companion animal. 14 3. "Companion animal" as used in this section shall have the same 15 meaning as provided in subdivision five of section three hundred fifty 16 of this article. 17 § 3. This act shall take effect on the thirtieth day after it shall 18 have become a law.