Proposed Tennessee law related to pet custody in divorce fails in House subcommittee

Proposed legislation that would clarify Tennessee divorce regulation to look at animal welfare in pet custody disputes unsuccessful Tuesday in a subcommittee of the Tennessee Property.

“My constituents and divorce attorneys I’ve spoken to have identified pet custody challenging in proceedings, and there needs to be far more condition steerage on how to method this subject so animals are taken care of considerably less like assets and much more like family members,” Dwelling Bill 467 sponsor Rep. Caleb Hemmer, D-Nashville, claimed Tuesday just before the point out Property Kids & Spouse and children Affairs Subcommittee.

The Senate variation of the laws, Senate Invoice 568, unanimously passed the condition Senate on March 13.

Tim Shrum, Hemmer’s constituent who inspired the bill, told lawmakers that when judges now have broad authority in distribution of marital residence — together with pets — the bill would offer guidance to the court and lay out a framework of different components to think about in pet custody conclusions.

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“It really is not that we’re asking anything at all new, it truly is just bringing this steering to the focus,” Shrum mentioned.

Rep. Johnny Garrett, R-Goodlettsville, stated judges previously have 15-17 variables to contemplate when distributing marital assets.

“One of these is determining … the place a pet would go centered upon the circumstances,” he said, introducing that he would not assistance the bill. “This statute, if it becomes regulation, is going to produce additional litigation in an already psychological setting where by, however, moms and dads do use their kids as a weapon versus the other for x, y or z. Now we’re heading to permit them to use the animals.”

The law would present judges one extra layer to take into consideration when building conclusions about pets in divorce proceedings, generating them fewer contentious, Hemmer claimed. Rep. Rush Bricken, R-Tullahoma, mentioned he spoke with quite a few divorce lawyers in his district who told him the law would “open up up a slippery slope,” and if divorce court judges do their positions then pets conclusion up in the correct area.

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Pets are considered assets in divorce court docket, and Rep. Andrew Farmer, R-Sevierville, claimed he does not foresee that transforming.

He reported the legislation also issues him in regards to enforcement and the court docket time it could acquire absent from baby custody challenges.

Get in touch with Emily Crisman at [email protected] or 423-757-6508.