Proposed legislation that would clarify Tennessee divorce law to consider animal welfare in pet custody disputes failed Tuesday in a subcommittee of the Tennessee House.
"My constituents and divorce attorneys I've spoken to have found pet custody challenging in proceedings, and there needs to be more state guidance on how to approach this matter so pets are treated less like property and more like family," House Bill 467 sponsor Rep. Caleb Hemmer, D-Nashville, said Tuesday before the state House Children & Family Affairs Subcommittee.
The Senate version of the legislation, Senate Bill 568, unanimously passed the state Senate on March 13.
Tim Shrum, Hemmer's constituent who inspired the bill, told lawmakers that while judges already have broad authority in distribution of marital property -- including pets -- the bill would provide guidance to the court and lay out a framework of different factors to consider in pet custody decisions.
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"It's not that we're asking anything new, it's just bringing this guidance to the attention," Shrum said.
Rep. Johnny Garrett, R-Goodlettsville, said judges already have 15-17 factors to consider when distributing marital property.
"One of those is deciding ... where a pet would go based upon the circumstances," he said, adding that he would not support the bill. "This statute, if it becomes law, is going to create more litigation in an already emotional setting where, unfortunately, parents do use their children as a weapon against the other for x, y or z. Now we're going to allow them to use the pets."
The law would provide judges one more layer to consider when making decisions regarding pets in divorce proceedings, making them less contentious, Hemmer said. Rep. Rush Bricken, R-Tullahoma, said he spoke with several divorce attorneys in his district who told him the law would "open up a slippery slope," and if divorce court judges do their jobs then pets end up in the right place.
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Pets are considered property in divorce court, and Rep. Andrew Farmer, R-Sevierville, said he does not foresee that changing.
He said the legislation also concerns him in regards to enforcement and the court time it could take away from child custody issues.
Contact Emily Crisman at ecrisman@timesfreepress.com or 423-757-6508.