Summary: Section 1. Subparagraph 14 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law is renumbered subparagraph 15.
A new subparagraph 14 is added to require that courts consider the best interest of companion animals when awarding possession of such animal
Section 1. Subparagraphs 14 and 15 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as amended by section 1 of part PP of chapter 55 of the laws of 2020, are amended to read as follows:
(14) whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts; [and]
(15)IN AWARDING THE POSSESSION OF A COMPANION ANIMAL, THE COURT SHALL CONSIDER THE BEST INTEREST OF SUCH ANIMAL. “COMPANION ANIMAL”, AS USED IN THIS SUBPARAGRAPH, SHALL HAVE THE SAME MEANING AS IN SUBDIVISION FIVE OF SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW; AND
(16) any other factor which the court shall expressly find to be just and proper.